Perlindungan Hukum terhadap Anak Korban Kekerasan Seksual Berdasarkan Pasal 25 Undang-Undang Tindak Pidana Kekerasan Seksual

Abstract

As part of its commitment to safeguarding children who fall victim to sexual violence, Indonesia enacted Law Number 12 of 2022 concerning TPKS. Article 25 of this law raises the evidentiary weight given to a victim's testimony, yet its application in practice has not run smoothly, as illustrated by Court Decision Number 000/Pid.Sus/2024/PN Jap, in which the defendant was acquitted even though every element of the offense had been established. Employing a normative-juridical approach, this study examines how Article 25 was applied, drawing on Harahap's evidentiary theory together with the legal-protection theories of Raharjo and Setiono. The findings show that the panel of judges continued to rely on Article 183 of the KUHAP and the principle of unus testis nullus testis, notwithstanding that the victim's account had already been reinforced by a forensic medical report, laboratory findings, a psychiatric diagnosis, and reports from a psychologist and social worker, meaning that legal protection was fulfilled only at the procedural level. Consistent enforcement of the lex specialis derogat legi generali principle, paired with a trauma-informed justice approach, is therefore essential.