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PERLINDUNGAN HAK PEREMPUAN DAN ANAK KORBAN KEKERASAN SEKSUAL (STUDI KOMPARASI DI INDONESIA DAN KOREA SELATAN)
Sexual violence against women and children is a serious violation of human rights, requiring comprehensive protection from the state. This study aims to analyze the protection of the rights of women and children who are victims of sexual violence through a comparative study between the Indonesian Law on Sexual Violence Crimes and the South Korean Law on the Prevention of Sexual Violence and Protection of Victims, as well as how protection is provided in both laws when viewed from the perspective of maqasid sharia theory. This study uses a library research method, in which data is collected from various sources such as books, journals, laws, and other related documents. This study also uses a comparative and legislative approach to examine the differences and similarities in the protection of rights in both countries. The results of the study show that South Korea is more assertive in protecting the rights of women and children who are victims of sexual violence compared to Indonesia, especially in terms of preventive protection through mandatory reporting, specific institutional infrastructure such as the National Center for Combating Digital Sexual Crimes, differentiated protection facilities according to the characteristics of the victims, and a consistent criminal sanction system without complaint offenses. Although Indonesia has progressive and comprehensive normative laws, it still faces a significant gap between the regulated legal system and the reality of the law in the field due to the absence of adequate institutional infrastructure, weak inter-agency coordination, and inconsistencies in the criminal justice system. Jasser Auda's analysis of maqasid sharia shows that the TPKS Law is substantially in line with the principles of maqasid sharia in six dimensions: cognition (transformation of the paradigm of sexual violence as a human rights violation), wholeness (a holistic approach to prevention-protection-recovery-punishment), openness (adoption of international standards and responsiveness to technology), hierarchy of objectives (clear planning structure), multidimensionality (recognition of the complexity of sexual violence), and purposefulness (a strong desire to protect victims).
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
PERLINDUNGAN HAK PEREMPUAN DAN ANAK KORBAN KEKERASAN SEKSUAL (STUDI KOMPARASI DI INDONESIA DAN KOREA SELATAN) (Text)
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