POLITIK HUKUM PEMBENTUKAN RANCANGAN UNDANG-UNDANG PENGHAPUSAN KEKERASAN SEKSUAL DI INDONESIA

Abstract

The Republic of Indonesia is a state of law. Where the rights of citizens are protected by
the state. Sexual violence is a disease that is deeply rooted in the lives of Indonesian people.
From year to year cases of sexual violence have increased. Regarding the existing
regulations, it has not provided legal certainty for victims of sexual violence. The PKS Bill is
a proposal to provide legal certainty for victims of sexual violence. The purpose of writing
this thesis, namely: First, to find out the legal politics of the formation of the law on the
elimination of sexual violence in Indonesia. Second, to find out the urgency of forming a draft
law on the elimination of sexual violence in Indonesia.
This type of research is normative research, where this research uses a research
methodology on the legal principles that exist in the formation of legislation. The data
sources used are secondary data consisting of primary legal materials, secondary legal
materials, and tertiary legal materials, the data collection technique in this study is the
literature review method, after the data is collected then analyzed to draw conclusions.
From the results of the research, it is concluded that, First, through a political
perspective, law is seen as a product of politics. Sexual crimes are serious crimes in the
handling of victims' rights tend not to be fulfilled, therefore in the formation of the Draft Law
on PKS must pay attention to the rights of victims, including; right of treatment, protection
and remedy. Second, the state must provide protection and security guarantees to the
community as a constitutional right recognized by the state. Regulations related to sexual
violence have not provided a clear legal umbrella so that a legal product is needed to provide
legal certainty to the community.
Keywords: Legal Politics - Sexual Violence - PKS Bill