STATE ACCOUNTABILITY OF SEXUAL VIOLENCE ERADICATION: A JURIDICAL ANALYSIS OF ANTI SEXUAL VIOLENCE BILL

Abstract

Sexual violence is a violation against gender. This kind of violation do harm toward someone sexuality and impacted many damages toward the victim. The damages could be physically, psychologically, mentally, financially and et cetera, In Indonesia, the cases of sexual violence are increasing year by year, especially during the pandemic of COVID-19 (which start from 2020 in Indonesia). Currently, the cases of sexual violence are diverse, wistfully, there is no positive law in Indonesia that capable accommodate the new forms of sexual violence. Whereas highlighted to Indonesia constitutions, Indonesia has a goal to guarantee the freedom of its citizens from torture and violence which supported by Universal Declaration of Human Rights. However, the state does not show act of responsibility and accountability of the existence of legal abstain related sexual violence in Indonesia, and by delaying the Draft of Elimination of Sexual Violence discussion and enactment process. Even any Elimination of Domestic Violence law, Anti-Human Trafficking law, and Child Protection law those form of law are limited by specific condition (lex specialis), and in addition, the Indonesia Criminal Code has ambiguous words to define rape and obscene act. Due aforementioned above, the Authors concludes that there are any certain issues toward this condition related human rights protection and gender-based violence, especially toward woman and children.