Sexual Violence in Indonesian Law Number 12 Of 2022: Viewed from the Concept of Radical Feminism

Abstract

Violence against women is a widespread phenomenon in Indonesia. It is a crime that disturbs many parties, especially women. Many parties fight for justice for women, especially victims, to get legal protection. Law Number 12 of 2022 gives legal protection concerning Criminal Acts of Sexual Violence. Apart from the regulation on criminal acts of sexual violence, there is also legislation Number 13 of 2006, amended into law number 31 of 2014, concerning the rights of victims and witnesses. Legal protection is held as an instrument to minimize the crime of violence against women. The writing of this research aims to analyze legal protection regulations for women who are victims of sexual violence using the concept of radical feminism. This theory considers that the rule of Law is formed based on the views of men, so the current rule of Law is considered a product of patriarchy. This research uses normative legal research with library materials in its research. The results of this study reveal that preventive legal protection regulations are still limited in scope. Although the Indonesian state has established a law to protect women from sexual crimes and violence where the perspective comes from the victim, the Law is still limited in its application. There is still a great need for legislation products that prioritize the principles of radical feminist legal theory.