Evidence In Sexual Violence Crime Cases

Authors

  • Gde Made Pasek Swardhyana Faculty of Law, Udayana University, Indonesia
  • Aris Irawan Faculty of Law, Universitas Borneo Tarakan, Indonesia

DOI:

https://doi.org/10.51601/ijersc.v3i5.491

Abstract

The focus of this research is related to the emergency phenomenon of sexual
violence in Indonesia which is currently the world's concern. Evidence of criminal
acts of sexual violence is often not revealed because it is constrained by the narrow
evidence in the regulations for combating sexual violence crimes in Indonesia. The
presence of Law Number 12 of 2022 concerning the Crime of Sexual Violence has
become a breath of fresh air in the disclosure of cases of sexual violence in
Indonesia, which is among the highest in Southeast Asia. To answer the objectives
of this research, the type of research used is normative legal research with a
statutory approach, a conceptual approach and a comparative approach,
especially examining legal provisions related to evidence in sexual violence crimes
in Indonesia. In the perspective of the ratio decidendi in criminal justice, it is
related to the importance of evidence in overcoming this sexual violence crime in
Indonesia. From the results of the study, it was found that there were several
additional evidences in the Non-Criminal Act on Sexual Violence as a new
regulation in dealing with sexual violence in Indonesia, including the recognition
of victim statements, statements by psychologists and/or psychiatrists, electronic
evidence, this is progress in the process. justice for sexual violence crimes in
Indonesia by also including some additional new evidence, including psychiatrists'
statements which are very helpful in disclosing cases of criminal acts of sexual
violence in Indonesia which are increasingly showing alarming numbers. Entering
silent evidence or evidence as a tool The evidence in the regulation of this new law
provides another perspective in overcoming the crime of sexual violence in
Indonesia which is difficult to uncover due to cultural factors and negative stigma
towards victims of sexual violence.

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Published

2022-10-28

How to Cite

Made Pasek Swardhyana, G., & Irawan, A. (2022). Evidence In Sexual Violence Crime Cases. International Journal of Educational Research and Social Sciences (IJERSC), 3(5), 1943–1950. https://doi.org/10.51601/ijersc.v3i5.491