Legal Protection for the Partnership Agreement Parties
Vol 21 No 1 (2021): June 2021

Legal Protection for Rape Victims in Indonesia: Seeking an Ideal Concept

Dewi, Aida (Unknown)
Dimyati, Khudzaifah (Unknown)
Subakti, Natangsa (Unknown)
Absori, Absori (Unknown)
Nurani, Siti Syahida (Unknown)



Article Info

Publish Date
30 Jun 2021

Abstract

This paper analyzes and provides advice on legal protection for rape victims in Indonesia in transcendental, restorative law, and responsive law perspectives. These perspectives are compared and combined in an effort to seek an ideal concept. The implication of this paper is to provide advice for an ideal concept of legal protection for victims of rape in an Indonesian context. This paper uses a normative juridical approach with a legal interpretation method. This paper concludes that law enforcement against perpetrators of rape in the Indonesian context can employ transcendental, restorative law, and responsive law approaches. However, in an effort to find an ideal concept, the transcendental perspective of maṣlaḥah mursalah which considers benefits for the public and prevents harm is more suitable for use in Indonesia’s pluralistic society. This is because, in addition to emphasizing moral, ethical, and religious values ​​in law enforcement, the approach will prevent recurrence of cases through handing out severe punishment to perpetrators of rape and providing physical and psychological rehabilitation to victims to make it in line with restorative justice in which victims get the right to recover physically and mentally without reducing the punishment for rape perpetrators.

Copyrights © 2021






Journal Info

Abbrev

al-risalah

Publisher

Subject

Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

Description

Al-Risalah Forum Kajian Hukum dan Sosial Kemasyarakatan particularly focuses on the main problems in the development of the sciences of sharia and law areas. It publishes articles and research papers concerning Islamic law, Islamic legal thought, Islamic jurisprudence, Islamic economic laws, ...