The Urgency of Pancasila Values in the Regulation of Criminal Acts of Sexual Violence Against Children

Abstract

Law enforcement in cases of sexual violence against children still faces various obstacles, one of which is the lack of regulations regarding the criminal act of sexual violence, which still do not include the restoration of the rights of child victims of sexual violence. This article, using a normative juridical method, aims to examine the ability of Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence to realize the restoration of the rights of child victims of sexual violence. In reality, it was found thatThere is ambiguity regarding the definition of sexual violence that can open the door to the legalization of adultery and abortion, as well as criminalization in terms of marriage and household life, as stated in Article 1, Article 11, Article 15, Article 17, and Article 19 of Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence, while the ambiguity in Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence will complicate law enforcement regarding cases of sexual violence against children in the future when Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence is enacted, so there is a need for synchronization of the criminal justice system in various aspects in addressing the problem of sexual violence against children which is increasingly rampant, for this reason Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence needs to be harmonized again with Pancasila which is the source of all sources of law or the ratio legis politik of criminal law in Indonesia.