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All Journal Jurnal Indonesia Sosial Teknologi Welfare State Jurnal Hukum
Agus Takariawan
Universitas Padjadjaran, Indonesia
Computer Science & IT Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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The urgency of victim witness testimony as valid evidence from persons with disabilities is associated with Law Number 12 of 2022 concerning the Crime of Sexual Violence Debora Sinaga; Elis Rusmiati; Agus Takariawan
Jurnal Indonesia Sosial Teknologi Vol. 5 No. 8 (2024): Jurnal Indonesia Sosial Teknologi
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jist.v5i8.1313

Abstract

Persons with disabilities often receive discriminatory treatment, due to their physical and/or mental limitations. The Criminal Procedure Code regulates that people with disabilities can give statements without being under oath and these provisions have reduced the rights of persons with disabilities to obtain their justice rights. The Sexual Violence Crime Law regulates where the statements of witnesses and/or victims of people with disabilities can be under oath. The approach method used in this research is a normative juridical approach that is based on formal regulations, as well as secondary data obtained from library materials in the form of scientific writings and other written sources. This research will illustrate the importance and the implication of the testimony of witnesses and/or victims with disabilities having the same legal force as the statements of witnesses and/or victims without disabilities where the testimony must be followed by the implementation of a personal assessment.
Penerapan Pasal 24 Ayat (1) Huruf C Undang-Undang Nomor 12 Tahun 2022 Terkait Barang Bukti Dalam Penegakan Hukum Tindak Pidana Kekerasan Seksual Di Wilayah Hukum Polda Jawa Barat Sania Trinanti; Somawijaya Somawijaya; Agus Takariawan
WELFARE STATE Jurnal Hukum Vol. 5 No. 1 (2026): April
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v5i1.5016

Abstract

This study examines the implementation of Article 24 Paragraph (1) Letter c of Law Number 12 of 2022 on Sexual Violence Crimes (UU TPKS), with a specific focus on its application within the jurisdiction of the West Java Regional Police (Polda Jawa Barat). The research concentrates on the challenges faced in law enforcement, particularly in the process of collecting and validating evidence in sexual violence cases. Although the legal framework clearly permits the use of non-physical evidence, such as victim testimony, psychological assessments, and digital recordings, its practical application remains problematic. Many cases occur in private spaces without witnesses, making it difficult for investigators to obtain concrete supporting evidence. Additionally, strong social stigma and the fear of victim-blaming discourage timely reporting, further complicating investigations. The study finds that limited training and the lack of specialized skills among police officers hinder effective case handling. Therefore, the study recommends strengthening investigator capacity and adopting a more victim-centered, trauma-informed approach to improve justice outcomes in sexual violence cases.  
Co-Authors Debora Sinaga Rusmiati, Elis Sania Trinanti Somawijaya Somawijaya