The Problems of Fulfilling the Rights of Victims of Obscene Crimes

Rosalia Dika Agustanti; Yuliana Yuli Wahyuningsih; Kayus Kayowuan Lewoleba

doi:10.47268/sasi.v28i4.1044

The Problems of Fulfilling the Rights of Victims of Obscene Crimes

Rosalia Dika Agustanti⁽¹⁾, Yuliana Yuli Wahyuningsih⁽²⁾, Kayus Kayowuan Lewoleba⁽³⁾

(1) Faculty of Law Pembangunan Nasional Veteran University, Jakarta, Indonesia
(2) Faculty of Law Pembangunan Nasional Veteran University, Jakarta, Indonesia
(3) Faculty of Law Pembangunan Nasional Veteran University, Jakarta, Indonesia
email

Corresponding Author

Abstract

Introduction: Perpetrators of obscene acts have carried out various criminal acts. Obscene acts are included in sexual violence that results in physical and psychological suffering.

Purposes of the Research: This study aims to analyze the fulfillment of the rights of victims of obscene acts, whether it is appropriate or not. This is based on the phenomenon of indecent acts; the more extended the number of victims increases.

Methods of the Research: This study uses a normative juridical method with a statute and case approach.

Results of the Research: The results of the study indicate that the rights of victims of obscene acts have been regulated and guaranteed in the 1945 Constitution of the Republic of Indonesia, the Law on Human Rights, the Law for the Protection of Witnesses and Victims and the Act on the Crime of Sexual Violence. However, the problem is in the fulfillment of these rights, even though constitutionally, the duties and obligations of fulfilling the rights of victims are borne by the State, which in this case is in the components of the Criminal Justice System, the Ministry of Law and Human Rights, the Ministry of Women's Empowerment and Child Protection, The National Commission on Human Rights, the National Commission on Violence Against Women and the Witness and Victim Protection Agency. The importance of supervision and compliance with the application of rights in everyday life will determine how successful the State is in carrying out its obligations in fulfilling the requests of victims. So it is essential to cooperate between Ministries, Institutions, National Commissions, and law enforcement officials to realize the fulfillment of the rights of victims of criminal acts of obscenity.

Keywords

Fulfillment of Rights; Victim; Sexual Violence; Obscene acts

DOI

10.47268/sasi.v28i4.1044

Published

2022-12-30

How To Cite

APA: Agustanti, R.D., Wahyuningsih, Y.Y., & Lewoleba, K.K. (2022). The Problems of Fulfilling the Rights of Victims of Obscene Crimes. SASI, 28(4), 553-566. DOI: https://doi.org/10.47268/sasi.v28i4.1044.

BibTeX:

@article{SASI1044,
		author = {Rosalia Agustanti and Yuliana Wahyuningsih and Kayus Lewoleba},
		title = {The Problems of Fulfilling the Rights of Victims of Obscene Crimes},
		journal = {SASI},
		volume = {28},
		number = {4},
		year = {2022},
		keywords = {Fulfillment of Rights; Victim; Sexual Violence; Obscene acts},
		abstract = {Introduction: Perpetrators of obscene acts have carried out various criminal acts. Obscene acts are included in sexual violence that results in physical and psychological suffering.Purposes of the Research: This study aims to analyze the fulfillment of the rights of victims of obscene acts, whether it is appropriate or not. This is based on the phenomenon of indecent acts; the more extended the number of victims increases.Methods of the Research: This study uses a normative juridical method with a statute and case approach.Results of the Research: The results of the study indicate that the rights of victims of obscene acts have been regulated and guaranteed in the 1945 Constitution of the Republic of Indonesia, the Law on Human Rights, the Law for the Protection of Witnesses and Victims and the Act on the Crime of Sexual Violence. However, the problem is in the fulfillment of these rights, even though constitutionally, the duties and obligations of fulfilling the rights of victims are borne by the State, which in this case is in the components of the Criminal Justice System, the Ministry of Law and Human Rights, the Ministry of Women's Empowerment and Child Protection, The National Commission on Human Rights, the National Commission on Violence Against Women and the Witness and Victim Protection Agency. The importance of supervision and compliance with the application of rights in everyday life will determine how successful the State is in carrying out its obligations in fulfilling the requests of victims. So it is essential to cooperate between Ministries, Institutions, National Commissions, and law enforcement officials to realize the fulfillment of the rights of victims of criminal acts of obscenity. },
				issn = {2614-2961},		pages = {553--566}			doi = {10.47268/sasi.v28i4.1044},
				url = {https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1044}
		}

Citation format: Download Citation:

Journal Article

Agustanti, Rosalia Dika. "Law Enforcement Perpetrators of Obscene Acts in Free Decisions Against Women." Juridical 7, no. 1 (2020): 27–46. https://doi.org/http://dx.doi.org/10.35586/jyur.v7i1.1843.

Astuti Nurlaila Kilwouw. “SEXUAL VIOLENCE AGAINST WOMEN IN THE STUDY OF ISLAMIC PHILOSOPHY (Study of Feminist-Muslim Thought).” Al-Wardah 13, no. 1 (2020): 89. https://doi.org/10.46339/al-wardah.v13i1.160.

Azizah, Naili, and Syaiful Rozaq. “APPLICATION OF GENDER JUSTICE VALUES IN CONSTITUTIONAL COURT DECISIONS.” JOURNAL OF LEGAL JUSTICE 1, no. 2 (2021): 33–39.

Christianto, Hwian, and Dewi Masita. "The act of revealing the identity of a confirmed patient of Covid-19 by a hospital-based on human rights and criminal law." Journal of Human Rights 13, no. 1 (2022): 131–50.

Dwiyanti, Fiana. “Sexual Harassment of Women in the Workplace (Case Study of the DKI Jakarta Provincial Satpol PP Office).” Indonesian Journal of Criminology 10, no. 1 (2014): 29–36.

Hwian, Christianto. “Extensive Interpretation of Moral Crimes and Case Studies.” Journal of Chemical Information and Modeling 53, no. 9 (2013): 1689–99.

Khairunnisa, Andi Akhirah. “Application of Human Rights Principles in Formation of Legal Products by Local Governments.” JOURNAL OF MP (GOVERNMENT MANAGEMENT), 2018, 65–78. https://ejournal.ipdn.ac.id/JMP/article/view/451.

Khusnul khotimah. "The Meaning of the Reality of Sexual Violence, Patriarchal Practices, and Feminism in the Hush Film." Journal of Development and Social Change 2, no. 1 (2020): 71. https://doi.org/10.20961/jodasc.v2i1.41659.

Komnas Perempuan. “Women in the Hurt of a Pandemic : Rise in Sexual Violence, Cyber Violence, Child Marriage, and Limited Handling Amid Covid-19.” Journal of Chemical Informationfile:///Users/Ghinahana/Downloads/10964-27747-1-PB.Pdf and Modeling 138, no. 9 (2021): 1689–99.

Noviana, Debora Anggie, Bambang Waluyo, and Rosalia Dika Agustanti. "Analysis of the Implementation of Chemical Castration in Cases of Sexual Violence in Children in Juridical and Medical Perspectives." Borneo Law Review 4, no. 1 (2020): 45–63. https://doi.org/10.35334/bolrev.v4i1.1399.

Swingly Sumangkut. “Criminal acts with violence compel obscene acts according to Article 289 of the Criminal Code (Study of Supreme Court Decision Number 1639 K/Pid/2015).” Lex Crimen 8, no. 1 (2019): 190–200.

Book

M. Yahya Harahap. Powers of the Supreme Court Examination of Cassation and Review of Civil Cases. Jakarta: Sinar Graphic, 2008.

Marpaung, Leden. Crimes Against Morality and Its Prevention Problems. Jakarta: Sinar Graphic, 2008.

Moeljatno. Principles of Criminal Law . Jakarta: Rineka Cipta, 2008.

Nuraeny, Henny. The face of Criminal Law Principles and Developments. Jakarta: Grama Publishing, 2012.

OC Kaligis. Legal Protection for the Human Rights of Suspects, Defendants, and Convicts : In the Indonesian Criminal Justice System. Bandung: Alumni, 2006.

PAF Lamintang. Indonesian Criminal Law Fundamentals (Basics for Studying Indonesian Criminal Law). cet. 1. Bandung: Sinar Baru, 1984.

Prodjodikoro, Wirjono. Certain Crimes in Indonesia . Prints to. Bandung, 2012.

Rahardjo, Satjipto. Law Enforcement . Yogyakarta: Genta Publishing, 2019.

Sianturi, SR Crimes in the Criminal Code The following is the description. AHM-PTHM Alumni, 1983.

Soerjono Soekanto. Factors Affecting Law Enforcement . Jakarta: Rajawali Press, 2010.

Thesis, Web Page, and Others

Asshiddiqie, Jimmy. "Law enforcement." Writer, 2007.

Hasriani, A. “Gender Violence Against Women in the Suara Merdeka Short Story Collection (Criticism of Feminism Literature).” National Seminar on UNM Anniversary Ke, no. 2 (2018): 125–34.

Indonesia, Republic. Law Number 12 of 2022 concerning the Crime of Sexual Violence (2022). https://www.dpr.go.id/dokjdih/document/uu/1800.pdf.

Komnas Perempuan. “CATAHU 2022: A Record of Violence Against Women in 2021. "Shadows of Stagnancy: The Power of Prevention and Handling Compared to the Increasing Number, Variety and Complexity of Gender-Based Violence Against Women." Jakarta, 2022. https://komnasperempuan.go.id/download-file/798.

Lilik Mulyadi. “Legal Efforts Performed by Crime Victims are Assessed from the Perspective of the Criminal Justice System in the Decision of the Supreme Court of the Republic of Indonesia.” Jakarta, 2007. https://badilum.mahkamahagung.go.id/upload_file/img/article/doc/usaha_ Hukum_yang_dilaku_korban_kejahatan_dikaji_dari_perspektif_normatif_dan_cepatan_mahkamah_agung_republik_indonesia.pdf.

Mudzakkir. "Analysis of Legal Handling Mechanisms Against Moral Crimes," Final Report on Scientific Writing." Ministry of Law and Human Rights of the Republic of Indonesia, 2010, 12.

Supramudyo, Gitadi Firm. “Feminism and Sexual Harassment in the Bureaucracy of Government Power,” 2008.

Wiratraman, Herlambang P. "Principles of Human Rights." Surabaya, 2017. https://herlambangperdana.files.wordpress.com/2008/06/principles-ham.pdf.

Full Text: PDF