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Karya Ilmiah: “An Outlook On Sexual Violence Case Handling In Indonesia” Oleh: Adery Ardhan Saputro, S.H. LL.M., Dio Ashar Wicaksana, S.H., M.A., Arsa Ilmi Budiarti, Marsa Maharani, Maria Tarigan, Bestha Inatsan Ashila.

Based on the 2018-2020 Annual Record (CATAHU) of Komnas Perempuan, sexual violence against women such as incest, cyber sexual violence, marital rape, fornication and rape often occurs in personal/private and community spheres. Various studies related to sexual violence corroborate the data that women victims experience many difficulties in accessing justice for sexual violence that has befallen them. Moreover, these are worsened as it also happened to victims who were still underage or with disabilities having to deal with law enforcement officials with lack empathy for the vulnerability faced by the victim. Thus far, the Indonesian criminal justice system is still oriented toward the prosecution of perpetrators (offender oriented). This perspective often harms the victims whose needs are often ignored during the court process and even after the process had ended. There needs to be an inclusive treatment of victims that can ensure their recovery. This is because the impact of sexual violence in inflicting suffering and trauma can persist even long after the sexual violence occurs. To get a clear picture of the phenomenon of sexual violence in Indonesia, we need to see cases of sexual violence resolved through the courts. Therefore, the Indonesia Judicial Research Society (IJRS) as an institution of research and advocacy since 2019, which also focuses on criminal justice reform for vulnerable groups, viewed that this research using indexation of the court decision is highly crucial. It is expected that findings from this research can serve as a base for the renewal of studies related to handling cases and recovery measures for victims of sexual violence. This indexation will show that quite many victims and perpetrators are still underage. It is also found that there is still a lack of restitution in sexual violence decisions from the court as well as the tendency of victims to report sexual violence only if it has occurred more than once.

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