Legal Protection in the Criminal Proceedings for Victim of Sexual Violence in Indonesia and the Netherlands

Abstract

Sexual violence remains a critical issue that demands a legal system centered on victims’ rights and recovery. Although Indonesia has enacted Law No. 12 of 2022 on the Crime of Sexual Violence (UU TPKS) and Law No. 13 of 2006 as amended by Law No. 31 of 2014 concerning the Protection of Witnesses and Victims (UU PSK), the implementation of victim rights within criminal proceedings remains insufficient. The core limitation lies in the Indonesian Criminal Procedure Code (KUHAP), which does not yet provide explicit procedural guarantees or recognize victims as legal subjects with enforceable rights throughout investigation, prosecution, and trial stages. Interestingly, the Draft Criminal Procedure Code (RKUHAP) introduces more comprehensive provisions on victim rights. This research examines whether Indonesia’s legal framework sufficiently protects victims of sexual violence and provides a comparative analysis with the Netherlands, where victim rights are embedded within the Wetboek van Strafvordering and operationalized through integrated procedural mechanisms. The comparative findings demonstrate the urgent need for Indonesia to incorporate victim-centered principles into RKUHAP to ensure coherence between substantive and procedural law, thereby realizing a justice system that guarantees dignity, fairness, and substantive justice for victims.