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All Journal Al-battar: Jurnal Pamungkas Hukum
Jon Vic, Binsar
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Law, Crime, Criminology & Criminal Justice Other

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Reformulation of Criminal Sanctions For Perpetrators And Legal Protection For Victims of Sexual Harassment Rahardjo, Anthony; Jon Vic, Binsar
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 3 (2025): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i3.446

Abstract

Sexual harassment remains a persistent and systemic problem in Indonesia, reflecting ongoing weaknesses in criminal regulation, law enforcement practices, and victim-oriented protection mechanisms. Although legal frameworks such as the Indonesian Criminal Code (Law No. 1 of 2023) and the Law on the Crime of Sexual Violence (Law No. 12 of 2022) have been enacted to address sexual violence, their implementation has not yet produced a sufficient deterrent effect for perpetrators nor comprehensive legal and psychosocial protection for victims. This study aims to critically examine the adequacy of existing criminal sanctions against perpetrators of sexual harassment and to formulate a more effective model of legal protection for victims based on principles of justice and victim recovery. The research is grounded in normative legal research employing a statutory and conceptual approach, with primary legal materials consisting of relevant legislation and secondary materials derived from legal doctrines, scholarly literature, and previous studies. The underlying hypothesis of this study is that current criminal sanctions and victim protection mechanisms are inadequate to address the complex impacts of sexual harassment and therefore require substantive reform. The findings indicate that the relatively light criminal penalties, evidentiary difficulties, and the persistence of victim-blaming practices undermine effective law enforcement and victim recovery. Accordingly, this study emphasizes the urgency of reformulating criminal sanctions to enhance their deterrent effect, strengthening victim-centered legal protection, improving access to legal aid and psychosocial rehabilitation, and refining evidentiary standards in judicial proceedings to ensure a more just, responsive, and comprehensive legal framework for addressing sexual harassment in Indonesia.
Unfair Treatment of Criminal Suspects and Systemic Failure in Human Rights Protection within Indonesia’s Criminal Justice System Prasetyo, Anton; Jon Vic, Binsar
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 3 (2025): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i3.447

Abstract

The protection of human rights for criminal suspects constitutes a fundamental element of a criminal justice system governed by the rule of law and the principle of due process. However, law enforcement practices in Indonesia continue to demonstrate persistent structural deficiencies that result in unequal and unfair treatment of suspects. This study critically examines systemic failures in the protection of suspects’ human rights, particularly concerning the absence of clear statutory limits on investigation periods, the subjective and repetitive extension of detention, the continued use of coercion and torture during investigative examinations, and the limited access to effective legal assistance, especially for vulnerable groups. Employing a normative legal approach, this research analyzes relevant provisions of the Indonesian Criminal Procedure Code, the Human Rights Law, and international human rights instruments ratified by Indonesia, including the International Covenant on Civil and Political Rights and the Convention Against Torture. The findings reveal a significant gap between normative legal guarantees and their practical implementation, which has enabled abuses of authority by law enforcement officials and undermined fundamental rights such as personal liberty, humane treatment, and the right to a fair trial. The study emphasizes the urgent need for comprehensive criminal justice reform through the clarification of investigation time limits, the strengthening of independent oversight mechanisms, and the expansion of accessible legal aid in order to ensure a more transparent, accountable, and human rights–oriented criminal justice system in Indonesia.
Co-Authors Anton Prasetyo Rahardjo, Anthony