Jurnal Hukum Khaira Ummah
Vol 20, No 3 (2025): September 2025

Comparation of Sexual Violence Crimes Based on Law Number 12 of 2022 by Law Number 1 Of 2023"

Melkianus Radja, Frengki (Unknown)
Winjaya Laksana, Andri (Unknown)



Article Info

Publish Date
04 Sep 2025

Abstract

Sexual violence crimes constitute a violation of human rights that require comprehensive legal protection. In Indonesia, the regulation regarding sexual violence has undergone significant development with the enactment of Law Number 12 of 2022 concerning Sexual Violence Crimes (UU TPKS) and the promulgation of Law Number 1 of 2023 on the Criminal Code (KUHP 2023). These two laws serve as the legal basis for addressing sexual violence, each having different approaches, scopes, and substantive provisions. This study aims to analyze and compare the regulation of sexual violence crimes between the TPKS Law and the 2023 Criminal Code, focusing on the elements of the offense, recognized forms of sexual violence, and towards approaches to victims. The research employs a normative juridical method with a statutory and conceptual approach. Data were collected through literature review and analyzed qualitatively. The results indicate that the TPKS Law functions as a lex specialis, providing broader protection and being more victim-centered, covering a wider variety of sexual violence forms. Meanwhile, the 2023 Criminal Code regulates sexual violence within a more limited scope but incorporates several provisions from the TPKS Law as part of national criminal law harmonization. Although there are some overlapping norms, both laws can complement each other if implemented properly. This study recommends the importance of synchronization and harmonization between the TPKS Law and the 2023 Criminal Code to optimize legal protection for sexual violence victims within Indonesia's criminal justice system.

Copyrights © 2025






Journal Info

Abbrev

jhku

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The focus and scope of the articles published in this journal deal with a broad range of topics, including: Criminal Law; Civil Law; ...