<![CDATA[This article asks whether the discretionary rehabilitation measure for perpetrators of sexual violence under Article 17 of Indonesia’s Law Number 12 of 2022 on Sexual Violence Crimes (the TPKS Law) satisfies the doctrinal elements of an enforceable double-track sanction; if not, whether the resulting gap stems from the norm’s design or institutional capacity. Using a normative juridical method (statutory, case, and conceptual approaches on primary, secondary, and tertiary materials, without field data), the article develops a four-element doctrinal test, measure type, triggering criteria, implementing authority, and enforcement consequence, and then applies Soerjono Soekanto’s five-factor test of legal effectiveness to explain the gap. Article 17 satisfies only one element in full; the other three are absent or partial, a design defect compounded by delayed implementing regulations, national prison overcrowding of 86 to 89 percent, and the absence of a ready executor under an adjacent regime. Unlike prior studies, which describe the gap only in general terms, this article isolates Article 17 from the adjacent chemical castration regime under Government Regulation 70/2020 and supplies a testable doctrinal standard and explanatory framework, informed by a comparable implementation case from Uruguay. The resulting reform proposal, a rebuttable presumption bounded by proportionality safeguards, follows directly from the doctrinal finding and is conditioned on preserving judicial discretion and the victim-centered protections the TPKS Law already secures.]]>
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