PENINDAKAN HUKUM KASUS KEKERASAN SEKSUAL DENGAN KORBAN PEREMPUAN DISABILITAS DI KOTA YOGYAKARTA

Meyrizky Zahra Yulianda, NIM.: 20103040050 (2024) PENINDAKAN HUKUM KASUS KEKERASAN SEKSUAL DENGAN KORBAN PEREMPUAN DISABILITAS DI KOTA YOGYAKARTA. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Sexual violence against women with disabilities constitutes a layered form of discrimination, as it results in discrimination based on their gender as women and discrimination based on their condition as individuals with disabilities. Some of the laws used as the basis for legal action in cases of sexual violence against women with disabilities include the 1945 Constitution, the Indonesian Criminal Code, Law Number 8 of 2016 concerning Persons with Disabilities, and Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence. Although several laws serve as the legal basis for prosecuting cases of sexual violence against disabled victims, there are still instances where such cases remain unresolved in their implementation. Therefore, this research raises the formulation of problems related to legal action in cases of criminal sexual violence involving female victims with disabilities in Yogyakarta City. This research is a type of field research that is descriptive and analytical in nature. Data collection was conducted through interviews with the Yogyakarta City Police Resort, the Technical Implementation Unit for the Protection of Women and Children in Yogyakarta City, and the Pundong Integrated Rehabilitation Center for Persons with Disabilities. The approach used in this research is the Juridical-Empirical approach. The theory used in this research is the theory of law enforcement. Based on the research findings and analysis, the conclusion is drawn that the reasons why law enforcement in cases of sexual violence against disabled women in Yogyakarta does not reach the court are as follows firstly, there is a broken chain of legal process within the police force. This is evident from the suboptimal law enforcement carried out by the Yogyakarta City Police Resort (Polresta Yogyakarta). This condition is due to the police's lack of understanding regarding victims who are persons with disabilities. Polresta also lacks specific methods or approaches to enforce cases of sexual violence against women with disabilities.Secondly, there is the factor of public perception that the legal process is lengthy and drawn-out. Consequently, the public prefers not to report cases to the legal system. This further complicates law enforcement efforts by Polresta Yogyakarta.

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