Criminal Law Review Of The Deterrent Effect On Perpetrators Of Sexual Violence In Rimbun Village

Abstract

Indonesia is a state governed by the rule of law that guarantees human rights including the right to safety and protection from sexual violence as enshrined in Article 28G, paragraphs (1) and (2) of the 1945 Constitution. However, this study examines a case in Rimbun Village that was resolved through restorative justice an approach involving dialogue between the victim and the perpetrator. The study employs a juridical-empirical methodology a legal research method that examines the law as it actually operates within society incorporating sociological and psychological perspectives. Primary data were obtained directly by the researcher from the victims (Elisa Putri, Juli Pratama, Sariati) and the perpetrators (Dadan Lopa, Hiras Dudun, Adan Damsar) through interviews and observation. Secondary data were gathered from existing sources, including academic literature (books and journals) and Law No. 12 of 2022. The results of this study indicate that the positive criminal law under Law No. 12 of 2022 imposes penalties including up to 12 years of imprisonment intended to act as a deterrent and prevent the recurrence of such incidents. Meanwhile, Islamic criminal law provides a more comprehensive basis for sanctions by prioritizing the protection of lineage (hifzu nasab) and the preservation of life (hifzu al-nafs) through the application of hudud or ta‘zir to achieve substantive justice.

Key Words : Sexual Violence, Restorative Justice, Islamic Criminal Law, Law No. 12 of 2022, Juridical-Empirical.