Advocates' Immunity Rights in Indonesia: Why this Protection is Often Forgotten

The aim of the research is to determine and analyze the concept of protecting women victims of sexual violence in terms of human rights in Indonesia's positive legal system. And to find out and analyze the form of state responsibility in protecting women victims of sexual violence in terms of human rights in Indonesia's positive legal system. The type of research, namely Normative Juridical, is legal research that places law as a building system of norms. The legal materials used in this research come from primary legal materials obtained directly from legal materials, both primary legal materials and secondary legal materials. In this case the author will try to collect information that is relevant to the topic or problem being researched, as well as examine in depth the information collected and synchronize it with the main problem in this thesis. The concept of protecting women victims of sexual violence in terms of human rights in Indonesia's positive legal system is that victims have the right to obtain their rights which are generally regulated in Article 5 of Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection. Witnesses and victims also have the right to receive medical assistance, rehabilitation, compensation and restitution. Forms of State Responsibility in Protecting Women Victims of Sexual Violence In terms of Human Rights in Indonesia's Positive Legal System, namely that the State has the responsibility to provide protection and a sense of security to its citizens. In this case, especially for women who are victims of sexual crimes.

Victims of sexual violence have psychological trauma. In handling victims of sexual violence, a holistic approach needs to be taken to overcome the trauma experienced. The holistic approach is carried out using therapeutic communication. Therapeutic communication is used to support the healing process in victims of sexual violence. This research aims to find out about therapeutic communication strategies that can be applied to heal psychological trauma in victims of sexual violence. This research was conducted using a literature review by searching through three databases (Google Scholar, PubMed, and Science Direct). The search used several keywords in English and Indonesian. The literature review research shows that there are several stages in therapeutic communication for victims of sexual violence, namely pre-interaction, introduction, work, and termination. In addition to these four stages, there are three stages in therapeutic communication used in trauma recovery: pre-counseling, counseling process, and post-counseling stages. The literature study was conducted with ten articles that discuss therapeutic communication in victims of sexual violence; there are three main discussions, namely, the first discusses the stages of therapeutic communication, the second discusses the techniques that can be applied in conducting therapeutic communication, and the last discusses the benefits obtained by applying therapeutic communication in handling victims of sexual violence. From the literature review study conducted, the application of therapeutic communication to victims of sexual violence has proven to help handle the healing of psychological trauma experienced by victims of sexual violence.

Sexual violence in the context of the COVID-19 pandemic has greatly increased. This is certainly very threatening the existence of the child. The purpose of this study was to determine the factors that cause children to become victims of sexual violence and to take action against children as victims of sexual violence in the COVID-19 pandemic situation. This research method uses empirical juridical. Data collection is done by literature study and interviews. Data analysis used descriptive analytical method with a qualitative approach. The results of this study indicate that the cause of the increase in children as victims of sexual violence in the Covid-19 pandemic situation is because the implementation of the action still does not provide preventive and repressive protection. Victims and families of victims of sexual violence who are unable to report and do not know how to report the procedure for sexual violence experienced by the child, victims of sexual violence against children who often do not provide information openly, lack of facilities and infrastructure as well as human resources in regional institutions, are the obstacles found. Thus, there is a need for socialization and new innovations to the community, as well as the allocation of funds to regional institutions to maximize prevention and prosecution of children as victims of sexual violence in the COVID-19 pandemic situation.

The article discusses law enforcement regarding human rights in Indonesia which is based on law number 39 of 1999. The author chose this title because until now law enforcement, especially related to human rights in Indonesia, is still not optimal, mainly because until now Indonesia is still in a transition zone which is still colored by legal uncertainty. The main issues in this article are: how is the application of law to human rights violations, which institution tries human rights violators, what means of settlement are used in cases of human rights violations in Indonesia, and what are the principles of Islamic law regarding human rights. In conclusion, human rights (HAM) are the basic rights possessed by humans in accordance with their work. Where every individual has his desire so that his Human Rights can be fulfilled. The human rights (HAM) of each individual are limited by the human rights of others. In Islam , Islam first pays attention to human rights (HAM). The emergence of violations of Human Rights (HAM) values, is motivated by an egoism which is concerned with personal or national interests, resulting in underestimating the values of Human Rights or other nations, resulting in a form of oppression or slavery in another form. In a state, human rights (HAM) are regulated and protected by the laws of the Republic of Indonesia, in which every form of violation of human rights (HAM) whether committed by a person, group, or tried in the implementation of human rights (HAM) trials . The Human Rights Court (HAM) takes court proceedings through the Human Rights court procedural law, as contained in the Law on Human Rights (HAM) courts. The concept of Human Rights (HAM) can be seen from two sides, including the western and eastern views.

Human rights in Indonesia are highly respected, where children's rights are included and marked by the guarantee of protection and fulfillment of children's rights in the 1945 Constitution of the Republic of Indonesia and several laws and regulations. One of the important rights that children should have is the right to get legal protection, where rights are given to children who experience abuse, exploitation, crime/violence, child trafficking, neglect, children living in conflict-prone areas, vulnerable to disasters and other laws. In 2019, the Ministry of Women's Empowerment and Child Protection (Kemen PPPA) recorded 6,454 children being victims of sexual violence. This number increased in 2020 by 8.14 percent. Then in 2021, the increase will be 25.07 percent. The Ministry of Women's Empowerment and Child Protection (Kemen PPPA) received 10,727 reports of cases of violence against women and children. As many as 11,604 people become victims of sexual violence in 2022, namely 56.5 percent of children become victims. What is the role of the community towards sexual crimes of minors through gadgets based on law number 19 of 2016 concerning information and electronic transactions in reducing sexual crimes. Sexual crime is a crime that is quite high in Indonesia which causes trauma, depression and death. The legal research methodology used is normative legal research or library research. Based on this theory of legal protection, the authors analyze that the use of gadgets by children is mostly uncontrolled. So that it is easier for children to access websites related to sexuality. Because minors are people who are not competent in law, the use of gadgets must be supervised by parents so that they are not used as an example by minors. This is where the role of the government is to be able to block games related to sex, then there are videos like on social media that should be blocked. In addition, the community must be educated about the dangers of using gadgets for the future of children, but on the other hand, there are also positive impacts. The author analyzes that the role of the community is very influential in reducing the number of sexual crimes against minors, because the community has direct contractors, especially parents, relatives and the closest environment who have minors but are required to use gadgets for school purposes, given the changing times and increasingly sophisticated technology.

This research aimed to find and stimulate self-efficacy of children victims of gender-based sexual violence using the Asset Based Community Development (ABCD) method with the Apreciative Inquiry technique, individual assets and social assets owned by victims of sexual violence. Research findings show that children who are victims of sexual violence are able to accept their condition today, realize their condition and have confidence that they still have success in the future, they will be successful in proving themselves that despite being victims of sexual violence they are able to achieve success in life by continuing school both formal and chase packages, working according to the field of expertise (working in a pharmacy, online business, training in cooking, continuing the business of parents).

Sexual Violence and Human Rights in Indonesia, is a crucial issue in Indonesia, taking away the human rights and dignity of victims. Stigma and lack of protection exacerbate the situation. This article examines the relationship between sexual violence and human rights in Indonesia, and explores solutions for building a future free from sexual violence. This research uses a sociolegal method (mix method) with statutory, conceptual, factual, sociological and comparative approaches. Primary data was obtained from field research in Bali, and secondary data from various sources. Sexual violence is a serious human rights violation, and states have an obligation to protect victims and enforce the law. Stigma and lack of access to recovery services hinder the fulfillment of victims' rights. The Universal Declaration of Human Rights (UDHR) and other human rights instruments affirm the right to security, freedom and dignity. Sexual violence violates these human rights principles. Collective efforts are needed to build an Indonesia free from sexual violence. These efforts include: Strengthening regulations and law enforcement. Increase public education and awareness. Building a support and recovery system for victims. Combat stigma and build positive narratives about victims. This research contributes to the understanding of the relationship between sexual violence and human rights in Indonesia, and offers solutions to build a better future for victims.

Children with disabilities are often the main targets to be victims of criminals, discrimination and sexual violence. The following can be seen from the increase in criminal cases against women and children with disabilities which from year to year tends to increase. The purpose of this study is to determine the legal protection of children with disabilities as victims of sexual violence and criminal sanctions against perpetrators of sexual violence against children with disabilities. The method used is a normative method along with statutory and conceptual approaches. The results of the study show that legal protection for children as victims of sexual violence is contained in article 1 paragraph (2) of Law no. 35 of 2014 concerning child protection, namely so that the child gets protection and his rights as a child. Criminal sanctions for perpetrators of sexual violence against persons with disabilities exist in positive law in Indonesia. The criminal act of rape is contained in Articles 285 to 288 of the Criminal Code. Violence against children with disabilities there is no law that specifically regulates it but in VU No. 35 of 2014 concerning Child Protection in Article 290 paragraph (1) is threatened with approximately 7 years of imprisonment.

The 1998-2003 National Human Rights Action Draft (RANHAM) was an initiative of the Indonesian government that was launched after a period of political reform in 1998. This RANHAM aims to strengthen the protection and promotion of human rights in post-New Order Indonesia. Some of the main points in the RANHAM include community empowerment, legal reform, eradication of torture, protection of women's and children's rights, and strengthening human rights protection institutions such as Komnas HAM. RANHAM 1998-2003 is part of a broader effort to change the human rights paradigm in Indonesia after the authoritarian era. However, its implementation has not always gone smoothly, and challenges remain in the advancement of human rights in post-Reformasi Indonesia. This paper aims to analyze how the realization of RANHAM 1998-2003 and as a projection in the implementation of RANHAM today to be in accordance with what has been conceptualized from the beginning about RANHAM. The research method used in this paper is a qualitative descriptive research method which is to explain thoroughly about the problem by describing it. The data used in this writing comes from official documents, government evaluation reports and reports of human rights institutions that are collected and analyzed to then be described. In fact, it can be concluded that the RANHAM aims to strengthen the protection and promotion of human rights in Indonesia after the New Order period.

Little is known about the effect a history of sexual violence (SV) victimization has on the likelihood of reporting screening tests for cancer. This study investigates the association between SV victimization and cancer screening behaviors. We analyzed data from the 2006 Behavioral Risk Factor Surveillance System (BRFSS) from 11 states and 1 territory (U.S. Virgin Islands) that administered the SV module to describe demographic characteristics, quality of life, health status, cancer screening behaviors, healthcare coverage, and use of healthcare services for 58,665 women and men who reported SV victimization compared to women and men who did not. The SV victimization measure includes unwanted touching, exposure to sexual material, or ever experiencing completed or attempted unwanted sex. Statistical significance was determined using chi-square tests and multivariate logistic regression models. Multivariate logistic regression results presented as adjusted proportions showed SV victimization was significantly associated with mammography screening for women (74.0 % victims vs. 77.1% nonvictims, p=0.02). SV victimization was not associated with cancer screening among men. Fewer women reporting SV victimization had healthcare insurance, a personal doctor or healthcare provider, and received regular checkups within the past 1-12 months. Fewer men reporting SV victimization had healthcare coverage. These data suggest that SV victimization may have a negative association on overall healthcare use, including breast cancer screening for women. Healthcare providers should consider SV victimization as a potential barrier for women who report not being up-to-date with mammography.

Sexual violence is one of the acts of direct violence, the act involves other people in the desired sexual activity. Sexual violence that occurs in the community is a particular concern, especially for women. The general public often blames victims who dress openly, this is usually said to be victim blaming or victim blaming, which means that victims of crime are held accountable for what happened to them. The psychological impact experienced by the victims is mostly mental trauma, fear, shame, anxiety, and even suicide attempts. This form of literature research aims to find out the application of therapeutic communication in an effort to recover victims of sexual violence against women and children. In this study, the researcher uses qualitative methods, data collection with interview methods and descriptive observations strengthened by using literature studies with literature searches using therapeutic communication keywords in an effort to recover victims of female sexual violence. Based on the cases faced by providing assistance and counseling to victims, counselors must master the stages in the therapy process, this is aimed at the smooth healing process for victims who experience sexual violence. The stages that must be mastered are; pre-interaction stage; orientation stage; stages of work; and termination stage. Of course, the Friendly People in this case are considered to be quite competent in dealing with victims of sexual violence.

Children are often considered to be weak, innocent, and easily deceived, when children are free from parental supervision, they are vulnerable to being victims of sexual violence by immoral people who want to satisfy their sexual desires without thinking about the suffering they have to go through. Various rules have been arranged to protect children, but in reality, sexual violence against children continues to occur, this has led to public unrest, especially parents. For this reason, this study was conducted to find out how much the child victims of sexual violence have the highest priority to get protection in law enforcement practices so far. Data analysis techniques used a normative juridical research approach, and the results of interviews with informants as well as an analysis of court decisions on cases of sexual violence against children, in DKI Jakarta and Bekasi. The research proves that protecting children as victims of sexual violence is not limited to applying criminal sanctions or fines on the perpetrators, but must be accompanied by other protections such as assistance, granting their rights to obtain compensation, restitution, and assistance as mandated by law. Ideally, protection for the victim is given at every examination process until the criminal conviction. This is done to realize fair and beneficial law enforcement for children. The protection of children as victims of sexual violence has not been in favor of the interests of victims, the rights of children as victims such as the provision of compensation, restitution, and assistance to victims have not been implemented properly. This is because there is still a lack of understanding of law enforcement officials and the public about the importance of protecting victims. Therefore, as a protection effort that can be done, it is necessary to build a criminal justice system that is more in favor of the interests of children as victims, as well as improvements to the rules so that it is more in the interests of the victims. As soon as possible the regulation of the law is issued as a guideline for executing sentences so as not to cause controversy in the community. Through the application of sanctions that are just and impartial to the interests of the perpetrators, then justice for the victims will be realized.

This research aims to see how men as victims of sexual violence are portrayed in the news. The depiction of men as victims of sexual violence is seen using the Theo Van Leeuwen model of critical discourse analysis and a gender perspective. This research uses a descriptive type qualitative approach with documentation data collection methods. The results of the research show that in the reporting carried out by the five online media with the highest percentage level of public trust, there were only 22 stories that discussed men as victims of sexual violence during the period January – December 2023. The process of depicting men as victims of sexual violence was also not found exclusion. In this research, discourse was found based on cases of sexual violence, which were categorized based on strategies in the inclusion process that depicted men as victims of sexual violence. The depiction of men as victims of sexual violence is based on the strategies found, there is an imbalance between the position of the perpetrator and men as victims of sexual violence in the reporting carried out by the five media. The media depicts revictimization or victimization over and over again.

This research aims to see how men as victims of sexual violence are portrayed in the news. The depiction of men as victims of sexual violence is seen using the Theo Van Leeuwen model of critical discourse analysis and a gender perspective. This research uses a descriptive type qualitative approach with documentation data collection methods. The results of the research show that in the reporting carried out by the five online media with the highest percentage level of public trust, there were only 22 stories that discussed men as victims of sexual violence during the period January – December 2023. The process of depicting men as victims of sexual violence was also not found exclusion. In this research, discourse was found based on cases of sexual violence, which were categorized based on strategies in the inclusion process that depicted men as victims of sexual violence. The depiction of men as victims of sexual violence is based on the strategies found, there is an imbalance between the position of the perpetrator and men as victims of sexual violence in the reporting carried out by the five media. The media depicts revictimization or victimization over and over again.

The last building-block empirical chapter of the book discusses the cases of victims of sexual violence and torture. It contrasts and compares the different types of victim capital of these two groups and demonstrates how it resulted in varied changes in recognition and redress. While victims of sexual violence were recognized in the larger Bosnian entity in 2006, victims of torture remain unrecognized until today. In Republika Srpska, recognition came only in 2018. The gradual increase in women’s international salience and mobilization resources prior to 2006 combined with the rise of their moral authority explains the change in 2006. In contrast, victims of torture have leveraged their existing connections and organizational skills while their domestic authority and external salience fluctuated. The success of survivors of sexual violence in FBiH illustrates the ‘Activist Route’ while the partial success of victims of torture and sexual violence in RS conforms to the ‘Domestic Pressure’ scenario—however, in an increasingly closed political system. This chapter pays special attention to legal activism of both victim groups as well as the latest developments in access to redress.