Juridical Analysis of Criminal Acts of Non-Physical Sexual Violence in Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence

Abstract

Non-physical violence is regulated in Articles 4, 5, 7 of Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence. The purpose of this thesis research is to find out and understand the construction of regulations regarding the elements of the act and apply non-physical evidence to criminal acts of sexual violence as regulated in Law Number 12 of 2022 concerning Crimes of Sexual Violence in court. The method used is a normative juridical approach. With research specifications using normative descriptive, namely using secondary data which is analyzed qualitatively. The problem formulation is analyzed based on legal certainty theory and evidence theory. The results of the research show that the construction of legal rules for criminal acts of non-physical sexual violence are regulated in Articles 4, 5 and 7 of Law Number 12 of 2022 concerning Crimes of Sexual Violence and their implementation in the field of evidence is based on the same theory of evidence as in the Procedural Law Criminal law in Indonesia uses a theoretical approach (negative wettelijk). The common practice in courts in Indonesia is that each party makes evidentiary efforts by presenting various types of evidence and the judge determines guilt based on his belief in the evidence. Law Number 12 of 2022 concerning Crimes of Sexual Violence regulates at least one piece of evidence, namely the admission of statements, documents and electronic recordings, as well as testimonium de auditu witness statements regarding the crime, so the case can be resolved. will be carried out in the legal process. In the context of proving criminal acts of sexual violence, supporting factors include the possibility of proof without physical evidence, clearer protection for victims, increasing the role of expert witnesses, as well as social and cultural support.