Prevention of Secondary Victimization for Crime Victims of Sexual Violence in Court Proceeding Process in Yogyakarta
Abstract
The number of cases of sexual violence against women is still a concern faced by
Indonesian society. When a crime of sexual violence occurs, the victim will report the
crime. When undergoing the process to demand justice, it is not uncommon for victims
of sexual violence to experience secondary victimization where the victim is blamed
for the crime and receives negative stigma from law enforcement officials. This
research formulates the problem of what factors caused the occurrence of secondary
victimization in the examination of victims of sexual violence in court proceedings
and provide kinds of factors that can be done to prevent the occurrence of secondary
victimization for victims of sexual violence in the examination of court proceedings.
This research is empirical research using primary data obtained through interviews
with legal institutions in charge of handling victims, namely Rifka Annisa Women
Crisis's Center, Yogyakarta State Prosecutors' Office, and Judges at the Yogyakarta
State Court. The results of this research can be concluded that secondary victimization
still occurs for victims of sexual violence because many law enforcement officials still
lack a victim's perspective and do not understand the dynamics of victim’s post-crime.
Various prevention of secondary victimization has been provided, such as the
existence of legal assistance by Rifka Annisa, the existence of prosecutor's guidelines
No. 1 of 2021 concerning the handling of victims of sexual violence and Perma No. 3
of 2017 concerning guidelines for judging women's cases against the law. Suggestions
based on the results of the study are for law enforcement officials who handle victims
of sexual violence to have better understanding regarding the perspective of victims
and understand the psychological dynamics of victims so that secondary victimization
does not occur, and victims are not afraid to report cases of sexual violence that occur
to them. To the government, so that the regulation of law number 12 of 2022 can be
implemented immediately so that law enforcement officials can prioritize the interests
of victims and implement related procedures for handling victims of sexual violence
in the criminal justice system so that secondary victimization of victims of sexual
violence does not occur.
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- Law [2428]