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A Critical Review of the Sexual Violence Crimes Law (UU TPKS) in Response to Child Sexual Violence Cases Based on 2024 Data Muhammad Umar Kalibia; La Ilman Abu Naafi; Ide Raunas; Harmoko; Hardjito S.Darmojo
International Journal of Education, Vocational and Social Science Vol. 5 No. 01 (2026): International Journal of Education, Vocational and Social Science( IJVESS)
Publisher : Cita konsultindo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63922/ijevss.v5i01.2651

Abstract

This literature review aims to conduct a critical review of the effectiveness of the implementation of UU No 12 of 2022 concerning Criminal Acts of Sexual Violence (UU TPKS) in responding to the high number of cases of sexual violence against children, as reflected in the 2024 data. Normatively, the UU TPKS is a progressive legal milestone that complements the UUPA, especially through expanding the definition of criminal acts such as Electronic-Based Sexual Violence (KSBE) and strengthening victims' rights to restitution and rehabilitation. However, the analysis results show significant implementation gaps. Data of 2024, which recorded more than 11,000 cases of child sexual violence and a sharp spike in KBGO cases (40.8%), proves that the UU TPKS has not had an optimal deterrent and preventive effect. This gap is triggered by three main obstacles: the absence of derivative regulations that hinder access to restitution, the cultural bias of law enforcement officers that leads to victim blaming, and operational challenges in proving KSBE cases. In conclusion, the effectiveness of the UU TPKS depends on addressing structural barriers and shifting cultural paradigms so that the principle of the best interests of the child can be fulfilled in a restorative manner.
The Urgency of the Principle of Justice in Determining Bankruptcy: Challenges of the Emergence of Digital Assets and New Financial Instruments La Ilman; Muhammad Umar Kalibia; Ide Raunas; Harmoko; Edi Mulyadi
International Journal of Education, Vocational and Social Science Vol. 5 No. 01 (2026): International Journal of Education, Vocational and Social Science( IJVESS)
Publisher : Cita konsultindo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63922/ijevss.v5i01.2811

Abstract

The development of digital assets, particularly crypto assets, presents new challenges for the bankruptcy legal system in Indonesia. The technical characteristics of digital assets, which are decentralized, cryptography-based, and difficult to access without private keys, have the potential to disrupt the application of the principles of justice, particularly the principles of Pari passu, transparency, and accountability in determining bankruptcy estates. The problem is further complicated by the transition of crypto asset supervision from BAPPEBTI to the Financial Services Authority (OJK) under the P2SK, which has created a technical regulatory vacuum in the bankruptcy context. This study aims to analyze how the characteristics of digital assets challenge the concept of bankruptcy estates, identify the legal and technical challenges faced by curators, and evaluate the implications of regulatory changes for legal certainty. The study uses a normative juridical method through an analysis of laws and regulations, scientific literature, and a comparison of international practices. The results show that digital assets, normatively, fulfill the elements of assets, but in practice, they pose serious obstacles for curators in the identification, safeguarding, and liquidation processes. Furthermore, the transition of authority to the OJK creates an urgent need for technical regulations to ensure the upholding of the principles of justice in bankruptcy cases involving digital assets. Keywords: Digital Assets, Bankruptcy, Principle of Justice, Bankruptcy Estate, OJK