Prosecution Research Articles

Legal Measures to Support the Process of Asset Recovery in the State-Owned Enterprises Banking Sector Post-Corruption Cases

This study aims to identify obstacles and formulate strategic measures to optimize asset recovery in the State-Owned Enterprises Banking sector post-corruption cases. This research employs a normative legal research method with a comparative approach, where the collected legal materials are analyzed qualitatively to describe the problems and answer the research objectives. The results show that asset recovery faces multidimensional challenges, including weaknesses in the legal framework, limitations in the capacity and integrity of law enforcement officers, lack of facilities and infrastructure, and efforts by the accused to avoid asset recovery. Optimizing asset recovery requires a comprehensive strategy encompassing the enactment of the Bill on Criminal Asset Forfeiture, strengthening the legal and institutional framework, enhancing the capacity and integrity of law enforcement, improving facilities and infrastructure, optimizing the civil route, and strengthening international cooperation. Therefore, it is recommended that the Government, Directors of State-Owned Enterprises Banking, the Asset Recovery Center, and law enforcement agencies undertake various optimization efforts, such as accelerating the enactment of the Bill on Criminal Asset Forfeiture, increasing the budget, strengthening corruption prevention systems, enhancing the competence of law enforcement officers, and strengthening international cooperation. Furthermore, the Public Prosecutor is expected to maximize the use of Article 18 of Law Number 31 of 1999 in indictments, enabling judges to issue optimal rulings for asset recovery in the State-Owned Enterprises Banking sector post-corruption cases.

Legal Protection For Advocates Who Are Considered Not In Good Faith For Alleged Obstruction Of Justice In Corruption Cases

Advocates as one of the professions in the field of law in their duty to defend clients both inside and outside the trial are equipped with privileges in the form of legal protection (immunity), but often these privileges are abused by advocates by obstruction of justice especially in cases of corruption crimes that aim to prevent clients from being investigated by Police Investigators, the Prosecutor's Office or the KPK. There are differences in the parameters of the assessment of good or bad ethics by an Advocate carried out by the Investigator so that it is considered to be an obstruction of justice so that there is a conflict between the legal norms contained in Article 16 of Law Number 18 of 2003 concerning Advocates and the reality that occurs in the field. The problem that causes advocates to be considered not to be good at obstructing justice in corruption cases is due to the absence of assessment parameters of advocates who are not in good faith and the absence of legal protection for advocates who are suspected of obstruction of justice, especially in corruption cases. The method used in this study is normative - empirical legal research, using a case approach, a legislative approach (statue approach) and a conceptual approach (Conceptual Approach). This study aims to examine the assessment parameters of advocates who do not have good faith against the suspicion of obstruction of justice by investigators and to find out the analysis of legal protection (immunity rights) owned by advocates who are considered to have no good faith by committing obstruction of justice, especially in cases of corruption. The results of this study are that the criteria for Advocates who are considered not in good faith are violations of the code of ethics, laws and regulations, oath or promise of Advocates as well as the value of feasibility and propriety. In addition, in order to create legal protection and certainty, a special institution such as the Advocate Honorary Council is needed which aims to determine whether the actions of the Advocate who are considered not to be in good faith are contrary to the etic code or laws and regulations or not.

COMBATANT IMMUNITY AND THE RUSSIAN-UKRAINIAN WAR: REOPENING THE DEBATE ON A LONGSTANDING DOCTRINE

Background: Russia’s invasion of Ukraine has resulted in the largest conflict in Europe since the Second World War, with estimates suggesting that hundreds of thousands of Russian soldiers are implementing the will of the aggressor state. It has long been believed that combatants are immune from criminal prosecution for their actions during hostilities, including the killing of military personnel defending the victim state unless they violate the laws of war. However, this immunity has naturally generated criticism in the Ukrainian legal community. In this article, the authors analyse the critical arguments made by opponents of combatant immunity and seek to clarify the legal and ethical grounds of the controversial doctrine. Furthermore, the well-known debate on the significance of citizenship (nationality) for recognising combatant or prisoner of war status and the liability of defectors is revisited from a new perspective. Methods: The article is based on an analysis of IHL sources, commentaries, state practices, precedents and scientific views on combatant immunity. Additionally, the article examines the practices of law enforcement agencies in Ukraine and the perspectives of Ukrainian criminal law scholars. General scientific methods of cognition (induction, deduction, analysis, synthesis), as well as historical, empirical and systemic-structural methods, are used. The article is structured into three parts. The initial section provides a comprehensive overview of the status of a combatant and their associated privileges within the context of international humanitarian law (IHL), with a particular focus on the ongoing conflict between Russia and Ukraine. The second section delves into the debate surrounding Ukraine's obligation to respect the immunity of the combatant of the aggressor state and offers the authors' conclusions on this matter. The third section addresses the liability of defectors, focusing on the implications of citizenship (nationality) for combatants and prisoners of war (POW). Results and conclusions: Several Ukrainian scholars have expressed their unreserved disagreement with Ukraine's application of the doctrine of combatant immunity to Russian soldiers. In the absence of a direct reference to this exceptional privilege in international treaties to which Ukraine is a party and in light of the a priori unlawfulness of aggression, the critical arguments are not without merit. Nevertheless, we conclude that respect for the immunity of a combatant representing the aggressor state is part of Ukraine's international obligations and has a certain justification. Concurrently, the article acknowledges that the legal and ethical grounds for this are not entirely clear. The question of whether defectors should be recognised as combatants and/or prisoners of war is similarly unclear. Nevertheless, we are convinced that regardless of the answer to this question, the criminal prosecution of defectors for high treason cannot be considered a violation of the immunity of a combatant.

RESOLVING CONFLICTS OF LAW DURING JUDICIAL PROCEEDINGS: AN EMPIRICAL STUDY OF UKRAINE

Background: Law is a key regulator of social relations. Its systemic nature is fundamental for proper, clear and comprehensive regulation of legal relations. As an integral system, law has its own logic, structure, order and purpose. This purpose is to properly regulate social relations, ensure law and order, and qualitatively and consistently satisfy the rights, obligations and interests of participants in legal relations. However, legal regulation is not without its flaws. One major issue of legal regulation is gaps in the law, where certain social relations lack proper legal regulation due to a lack of specific legislative or legal approaches. Other flaws include conflicts between laws, legislative gaps, qualified silence of the legislator, "darkness" of legal norms, and a "seeming" need for legal regulation and other legal phenomena similar in nature. This article addresses how judges resolve conflicts of law in the course of judicial proceedings, namely the construction of a mechanism to resolve conflicts within national legislation to ensure the right to a fair trial. This issue is of particular importance in the context of the war in Ukraine because, unlike in the relatively stable judicial practice of resolving disputes that arise in a society where there is no war, today, the courts now face unprecedented cases, such as those involving military medical commissions decisions, financial support of military personnel, and new wartime criminal prosecution. Additionally, judges must navigate the procedural norms for the administration of justice in wartime, which are changing rapidly. The study identifies specific cases of conflict in law, particularly in issues related to mobilisation. It highlights how inconsistencies in current legislation and the lack of uniform approaches to overcoming them often prevent citizens from exercising their rights. This situation directly contradicts the Sustainable Development Goals in terms of building peaceful and inclusive societies for sustainable development, ensuring access to justice for all, and building effective, accountable, and inclusive institutions at all levels. The authors of the article highlight the growing importance of legal principles in resolving conflicts within the law. Foundational concepts like the rule of law, legal certainty, and legality are recognised grounds for judicial decision-making. Accordingly, this allows courts to interpret conflicts in specific areas of legislation – such as tax legislation in favour of the taxpayer, child rights in favour of children, and labour law in favour of employees. Consequently, similar claims may be resolved differently depending on their subject matter. To support this analysis, the authors analysed 150 decisions of Ukrainian judges, studied the concept of conflicts, formulated a refined definition, assessed the role of judicial law-making in resolving legal conflicts, and developed a mechanism for addressing conflicts in law by judges. Methods: The authors employed a general dialectical analysis approach grounded in the doctrine of society and thinking, along with the historical method, to analyse the development of legal norms and institutions in different historical periods. This approach provides insights into their origins, evolution and impact on the modern legal system. Methods of analysis and synthesis of information were also utilised. To support the authors’ conclusions, relevant empirical information, including court decisions from the Unified State Register of Court Decisions, were referenced. A total of 150 court decisions containing collisions from 2015 to 2024 were analysed, 22 of which were cited in this article. Results and Conclusions: Conflicts in law are defined as subjectively caused phenomena involving the confrontation of several norms or their totality, resulting in the inability to apply legal norms effectively, clearly, and consistently to regulate social relations. A definition of conflicts in law from a judicial perspective is also proposed: they are contradictions within legal regulation, a negative legal phenomenon that a judge, with the authority vested in them, must resolve in a manner that upholds fundamental principles of law during the administration of justice.

The Production of “Indisputable” Confession Evidence in China

ABSTRACT Police interrogation, as a means of criminal investigation, is based on discursive interactions and serves the purpose of truth-seeking and information gathering. In China’s criminal justice system, many police officers believe that confessions are more persuasive than other forms of incriminating evidence and can help increase the success rate of criminal prosecutions. As such, when interviewing suspects, officers do not always seek information but rather aim to obtain confessions. Using transcripts from police interrogations as data, this research examines the accusatorial interrogation model in China. It focuses on language to explore the dynamics of power in police interrogations and police culture in China.

LEGAL LIABILITY FOR UNAUTHORIZED MINING CRIMES (CASE STUDY OF BANDUNG HIGH COURT DECISION NUMBER 91/PID.SUS/2023/PT BDG)

This research aims to examine how regulations concerning Mining Permits for People (Izin Pertambangan Rakyat/IPR) are viewed from a legislative perspective and to analyze the legal considerations of judges when imposing criminal sentences on perpetrators of illegal mining based on Bandung High Court Decision Number 91/Pid.Sus/2023/PT BDG. The research methodology used is normative juridical research, which involves the analysis of secondary data or literature. The findings of this research are as follows: First, permits for mining activities in People’s Mining Areas (Wilayah Pertambangan Rakyat/WPR) with limited area and investment are known as People’s Mining Permits (IPR). Law No. 03 of 2020, which amends Law No. 04 of 2009 on Mineral and Coal Mining, and Government Regulation No. 25 of 2024, which amends Government Regulation No. 96 of 2021 on the Implementation of Mineral and Coal Mining Business Activities, include provisions on People’s Mining, as well as procedures and requirements for obtaining a People’s Mining Permit. Criminal sanctions and further penalties apply to those engaging in mining activities without authorization. Article 158 and Article 164 of Law No. 03 of 2020 concerning the Amendment to Law No. 04 of 2009 on Mineral and Coal Mining contain these provisions. Second, the appeal was based on the fact that the panel of judges at the first level failed to carefully analyze the objections and misinterpreted the indictment articles based on the defense notes and evidence presented by the defendants. Article 158 of Law No. 03 of 2020, in conjunction with Article 55 Paragraph (1) of the Indonesian Penal Code, was a significant consideration for the judges in evaluating the first alternative indictment. According to the judges, this indictment was appropriate and accurate. Concerning the second indictment, Article 107(a) of Law No. 39 of 2014 on Plantations, in conjunction with Article 55 Paragraph (1) of the Penal Code, the High Court Judge stated that the Cibadak District Court Decision Number 365/Pid.Sus/2022/PN Cbd was not entirely accurate. The author argues that in interpreting and establishing Article 158 of Law No. 3 of 2020, which amends Law No. 4 of 2009 on Mineral and Coal Mining, the Public Prosecutor’s demands and the content of the indictment were incorrect.

The Criminal Justice System in the Lithuanian SSR: Genesis, Specifics and Relationship with Unarmed Anti-soviet Resistance

The article analyses the criminal justice system of Soviet Lithuania: the formation of the system, its norms and institutions, the aggregate of laws, and the prosecution of criminals. It also reveals how the transformation of the Soviet regime after Stalin’s death was reflected in the legal reality. The dimension of political crime, criminal prosecution for various forms of resistance against the Soviet regime, is particularly emphasised. The research revealed that although after Stalin’s death the Soviet regime in Lithuania released its grip and Soviet law acquired more liberal features, it continued to be used for reprisals against people who espoused different opinions. Several features were characteristic to the criminal prosecution of those who participated in unarmed opposition and dissidents in the Lithuanian SSR: a) the suspect was accused of a political crime under an article of the Criminal Code applicable to his activities (such cases violated international law, but were legal in the Soviet legal system), b) political crimes were criminalised by interpreting articles of the Criminal Code too liberally (even in the Soviet system such cases lacked objectivity), c) political cases were masked by criminal offenses and also contained elements of non-political crimes (cases were not objective and criminal charges were falsified). Even in the late Soviet period, the Soviet legal system collaborated hand in hand with the Lithuanian Communist Party and the KGB and was an integral part of the Soviet ruling system. The dishonesty of the Soviet legal system often served as evidence that the criticism of the regime by dissidents was justified. The fact that Soviet authorities did not always follow the legal norms that regulated their own activities showed that legal reality in the USSR was just fiction. The regime, which became softer externally, continued to observe the same totalitarian logic internally.

The prophet on trial: Baptist dissenters before the Soviet courts, 1960s–1980s

ABSTRACT This article explores the courtroom behaviour of adherents of the oppositional dissenter wing within the Evangelical Baptist community in the Soviet Union, who faced trials for violating Soviet religious laws between the 1960s and 1980s. The analysis reveals that the accused believers developed a nuanced defence strategy encompassing three core elements: mobilizing support from their fellow believers in courtrooms, constructing communicative patterns that involved drawing prosecutors and judges into theologically driven dialogues about truth, and employing distinctive rhetoric aimed at questioning the legal foundations and legitimacy of Soviet religious policy. The accused Baptists adopted a marked confrontational stance towards state officials in charge of criminal prosecutions and trials, striving to overcome them in argument. Ultimately, the courtrooms became a platform for them to voice and promote their faith-based views on state politics and freedom.

The Discursive Nature of the Prosecution and Defense

Introduction: the adversarial nature and equality of the parties are defined as the main principles of Russian criminal procedure (Part 3 of Article 123 of the Constitution of the Russian Federation, Article 15 of the Code of Criminal Procedure of the Russian Federation). The Constitutional Court of the Russian Federation defines the equality of the parties as the basis for the formation of the necessary guarantee of defense and fair trial of the case and states that the latter is impossible if the court has not assessed on the merits all the arguments and circumstances presented during the trial by its parties on the part of the prosecution and defense and has not provided them with equal procedural rights. The paper deals with the study of certain aspects of the balance of such categories as legal liability, criminal liability, prosecution, and defense. Purpose: to analyze the trends formed in the doctrine related to the resolution of urgent problems in terms of establishing the correlation of such concepts: legal liability, criminal responsibility, criminal procedural responsibility, prosecution, and defense. Methods: the general scientific dialectical method of cognition, a systematic approach, as well as the general scientific (deduction and induction) and specific scientific methods (logical and legal analysis and synthesis). Results: the current issues of the theory and law enforcement practice regarding the nature, types, and structure of prosecution and defense in criminal procedure are investigated. Conclusions: despite the ongoing discussions regarding the nature of the prosecution and defense in court procedure, a significant number of issues remain unresolved and require further detailed scientific analysis. First of all, the study of the defense function, which contributes to the realization of the rights granted to the accused, should certainly contribute to the development of new theoretical approaches and legislative innovations.

A historian in power

The article is devoted to the analysis of the book by the St. Petersburg historian Inna Evgenyevna Barykina, the main character of which is the famous political figure of the era of Alexander II and Alexander III, Count Dmitry Andreevich Tolstoy, who for several decades headed the most important departments of Tsarist Russia - the Ministry of Internal Affairs, the Ministry of Public Education and served as the chief prosecutor of the Holy Synod. The author notes the serious scientific level of the monograph, based on a wide range of sources, and the extraordinary character of Count Tolstoy, one of the most prominent representatives of the autocratic bureaucracy, is noted.

Acordos estruturantes como instrumentos de indução de políticas públicas: o papel cooperativo do ministério público em prol da realização dos direitos fundamentais

This paper seeks to examine and elucidate the role of the Public Prosecutor in shaping public policies in Brazil. The primary objective is to critically assess, in the context of the Social State of Law as delineated in the 1988 Federal Constitution, the expansion of the State's obligations concerning the protection and enforcement of fundamental and civil rights. Additionally, the paper will explore the responsibilities of the judiciary in this domain. The arguments will be presented using a deductive methodology, supported by a comprehensive literature review, which considers the persistence of unmet rights. The analysis will underscore the significance of the Public Prosecutor's responsibilities in formal extrajudicial arrangements, cooperative, and democratic processes with respect to the effective implementation of fundamental rights.

MUDANÇAS CLIMÁTICAS: O PAPEL DA LEGISLAÇÃO BRASILEIRA NA PROTEÇÃO DAS FLORESTAS

This article explores how climate change affects the planet on a global scale, causing rising temperatures, rising sea levels, and ocean acidification, among other issues. It analyzes how the United Nations (UN) has sought to mobilize countries to address these challenges. In this context, Brazilian legislation plays a crucial role by establishing norms to protect forests, biodiversity, and the quality of life for the population, ensuring the right to an ecologically balanced environment as stipulated in the Federal Constitution of 1988. Despite the existence of laws such as the Forest Code and the National Climate Change Policy (PNMC), which aim to reduce pollutant emissions and curb practices that contribute to the greenhouse effect, implementation still lacks effectiveness and direct incentives to promote sustainable practices. Additionally, the Public Prosecutor’s Office is essential in defending the environment and preventing illegal deforestation. This research adopts a qualitative approach, based on literature reviews and case analysis. The findings indicate that Brazilian legislation, although robust, requires more effective implementation and collaboration from society to tackle the challenges posed by climate change and ensure a sustainable future.

The Criminal Prosecution for the Crime of Electronic threat According to Jordanian Legislation

This study addresses an important and emerging topic, which is electronic threat crimes and their criminal consequences according to the new Jordanian Cybercrime Law of 2023. The study is divided into two sections. The first section discusses the legal nature of electronic threat crimes, divided into two parts: the nature of electronic threat crimes and the elements of electronic threat crimes. The second section discusses the mechanism of combating electronic threat crimes, also divided into two parts: how to prove electronic threat crimes and the penalty for threat crimes using electronic means. The study concludes with important findings that highlight the need for specialized teams to investigate electronic threat crimes and adapt to modern developments in dealing with intelligent criminals who possess different characteristics from traditional criminals. The conclusion also includes recommendations to establish units within security institutions to handle electronic threat crimes, receive threat reports, and develop high-level skills to track such intelligent criminals.

Gunshot Defense Wounds: Three Case Reports and a Literature Review

Defense wounds generally occur when a victim attempts to protect vital organs and blood vessels during an assault, and are therefore typically located on the forearms or hands. Gunshot-induced defense wounds are less frequent compared to stab wounds, which have been extensively described in the literature. We present three cases where victims unsuccessfully attempted to defend themselves from gunshots, and where the detailed description of injuries played a key role in the reconstruction of the crime scenes. In the first case, a man was shot with a smooth-bore shotgun, presenting a “through-and-through” gunshot wound on the lateral surface of the left forearm and a large gaping wound on the posterior surface of the same forearm. The second and third cases involved two men who were shot with handguns. The first displayed an entrance wound on the dorsal surface of the right hand, with burned edges and smoke soiling, and an exit wound on the palmar surface. The second case involved two wounds on the left hand: one on the dorsum and the other on the palm. To the best of our knowledge, few studies in the literature emphasize the role of gunshot defense wounds in aiding the reconstruction of crime dynamics. The cases presented in this study highlight the importance of precisely defining the pathological and morphological features of the wounds, as well as the bullet trajectories, to accurately identify defense wounds. These findings are valuable for reconstructing the dynamics of the assault and providing critical information to the public prosecutor.

ENSURING THE CELERITY OF THE PROCEEDINGS THROUGH THE CONTESTATION REGARDING THE DURATION OF THE CRIMINAL PROCESS

The concept of public safety is also manifested by respecting the fundamental rights of the person during the judicial proceedings, rights among which is the right to resolve the case within a reasonable time. From this perspective, to ensure the speedy resolution of criminal cases, in the regulation of the current Romanian Code of Criminal Procedure, the contestation regarding the duration of the criminal process was introduced, an institution that allows the request to expedite the resolution of the case if the criminal prosecution or trial activity is not carried out in a reasonable time frame. In this context, the present work addresses the institution of the contestation regarding the duration of the criminal process, bringing to attention also some jurisprudential aspects regarding the need for the interpretation and uniform application of the provisions of the Code of Criminal Procedure in the matter of the admissibility of this contestation. Also, using documentation, observation, interpretation and scientific analysis as research methods, this study discusses the consequences of not complying with the term established for the resolution of the case in the situation of admitting the contestation regarding the duration of the criminal process. The paper concludes with a concrete proposal for a ferenda law, regarding the establishment of a processual sanction, which will ensure the effective role of the contestation regarding the duration of the criminal process as a genuine accelerator remedy in case of exceeding the reasonable duration of the procedures.

Governing Access to Nationality Through Paperwork: The Discretionary Uses of Documentation for Naturalisation in Belgium, France and the United Kingdom

ABSTRACTIn this paper, we examine the discretionary uses of documentation in the implementation of naturalisation through a comparative perspective focusing on Belgium, France and the United Kingdom. We investigate the organisational and professional factors that are likely to impact variation in the uses of discretion based on documentation. Belgium, France and the United Kingdom represent three interesting case studies involving different actors with different mandates. In Belgium, municipal agents are responsible for a mandatory check of applicants' documents before transferring the naturalisation application to public prosecutors. While only the latter have the mandate to check that the legal requirements are met, most municipal agents are involved in the examination of the requirements. In France, before the digitisation of nationality acquisition in 2023, the initial acceptance of an application involved prefectural agents who had the power to refuse application registration if the documentation was deemed insufficient or ‘non‐compliant’. In the United Kingdom, ‘Nationality Checking Services’ (NCS) were available until 2019 in local register offices for an optional check of the application before the transfer to the Home Office, which remains the decision‐making body on nationality applications. As United Kingdom law regulates strictly immigration advice, NCSs were often unwilling to express themselves on the chances of an application. Drawing on ethnographic fieldwork consisting of interviews with implementation agents in the three countries and observations of their interactions with applicants, this paper contributes to shedding light on what drives variations in the governance of access to nationality through paperwork.

The Prosecutor's Office of the Republic of Uzbekistan: A Philosophical Analysis of Its History, Current Role, and Objectives

The Prosecutor's Office of the Republic of Uzbekistan: A Philosophical Analysis of Its History, Current Role, and Objectives

Standards of the Right to Defense Accusation Submission

The presentation of charges is one of the key stages of criminal prosecution. The right to defense as one of the elements of a fair trial is fully disclosed already at the stage of indictment. Observance of all rights of the accused and timely actions of the defense at this stage are the guarantee of fairness and legality of criminal proceedings as a whole. Not only the procedure of indictment, but also the procedural document itself — the ruling on bringing a person as an accused must meet the requirements of the law. Moldovan legislation does not enshrine the term “standards of defense”. The investigated aspect is analyzed from the point of view of normative definition of the concept of “protection”, “right to protection” both in national and international legislation.

Penguatan Kepastian Hukum Kewenangan Kejaksaan Sebagai Penyidik dalam Tindak Pidana Korupsi Sidang Perkara Nomor 28/Puu-Xxi/2023

Corruption cases in Indonesia still really need attention considering that the consequences can be detrimental to the state and society. Handling the eradication of corruption is then carried out by several state institutions which are given direct authority by law, one of which is through the Prosecutor's Office of the Republic of Indonesia. Legal certainty of authority is very necessary to create harmony between government institutions and avoid overlapping authority. Furthermore, in writing this article, we used an approach method, namely an empirical method with descriptive analytical research specifications. The formulation of the problem raised in this article is regarding legal certainty in strengthening the prosecutor's office as an investigator in criminal acts of corruption. Furthermore, the purpose of this article is to analyze legal certainty or the legal standing of the authority of the prosecutor's office as an investigator in criminal acts of corruption. The authority of the Prosecutor's Office is contained in Article 30 paragraph (1) letter d of Law 5 of 1991 concerning the Prosecutor's Office of the Republic of Indonesia which was later declared invalid by Law 16 of 2004 in conjunction with Law Number 11 of 2021 concerning Amendments to Law Number 16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia. Then in Article 26 of Law no. 19 of 2019 Second amendment to UU No. 31 of 1999 concerning Corruption Crimes.

Pemenuhan Hak Korban Tindak Pidana Kekerasan Seksual dikaitkan dengan UU TPKS

Sexual violence is an act carried out through coercion that aims to fulfill the desires of the perpetrator regardless of the status of the relationship with the victim. Cases of sexual violence certainly have a negative effect on the victims. News about sexual crimes can easily be disseminated, especially since the world has entered the 4.0 era where all information can be easily disseminated using the internet and technology. So based on this, many of the victims are silent about the incident that happened to them because they are afraid that the negative impact will spread widely so that the victim will get ostracized in society. The purpose of this journal is to analyze the fulfillment of the rights of victims of crimes against sexual violence associated with the Law on Crimes of Sexual Violence. This journal method uses a qualitative type. The results of the analysis of this journal are that Law Number 12 of 2022 Articles 66-70 describes the rights of TPKS victims. Some of the rights of victims that are used as a scope include protecting victims from criminal prosecution, protecting against loss of access to politics, education, job transfers, and jobs, protecting victims from law enforcement officials if there is an act of demeaning officials, keeping the victim's identity confidential, protecting victims from violence or the perpetrator's threats, protection information is properly provided in accessing it, and provides protection facilities as well as information about victims' rights.