Legal Policy of Sexual Violence in Indonesia

Abstract

The essence of the protection of the whole nation and the blood of Indonesia as a constitutional right is the protection of the glory as a whole human or in other words the protection of human dignity. In fact, however, person’s right to be free from torture or the degrading treatment of human dignity has not fully functioned optimally. One of the causes is sexual violence. The results of the research indicate that the basic idea of sexual violence abolition departs from the fact of violence is more complex, which is not only related to criminal acts against sexual organs. Moreover, it is a manifestation of a form of discrimination caused by the perspective of gender bias in the cultural construction of patriarchal society. Legal issues also arise regarding the structure and culture of law enforcement that is not oriented towards the protection and fulfillment of the best interests for the victim. Such regulatory conditions, it seems difficult to rely only on efforts to abolish comprehensive sexual violence through existing regulations. It takes a strong commitment in the effort to abolish sexual violence with the paradigm of human dignity protection, as mandated by the 1945 Constitution. The essence of sexual violence abolition is to realize efforts to preventing, deal with and restore sexual violence due to gender-based violence as a form of justice in the values of respect for human dignity.