Application of Theory in the Context of the UU TPKS

1. Legal Factors

The UU TPKS has a fairly comprehensive substance, covering various forms of sexual violence and providing protection for victims. However, challenges arise when this law is not fully understood by the public and law enforcement officials. Insufficient socialization can result in a lack of understanding of the rights of victims and case handling procedures, thereby hindering the effectiveness of the application of this law.

2. Law Enforcement Apparatus Factors

The ability of law enforcement officials to handle cases of sexual violence is very important for the success of the TPKS Law. Special training on gender sensitivity and handling cases of sexual violence needs to be provided to officers to improve their professionalism. Without a good understanding of this law, officers may not be able to provide adequate protection to victims.

3. Facility Factor

Supporting facilities and infrastructure to socialize and enforce the Law also need to be sufficient, so that information related to the purpose of establishing the law can be conveyed to the public and law enforcement officials can work optimally.

4. Community Factor

Public attitudes towards sexual violence are still influenced by existing social stigmas and norms. Many victims feel pressured to report due to negative stigma from the surrounding environment. Therefore, public awareness campaigns about the importance of reporting sexual violence and supporting victims are needed to change public views.

5. Legal Culture Factor

The legal culture in Indonesia still shows traditional views regarding gender roles and sexual violence. To increase the effectiveness of the TPKS Law, cultural changes need to be made through education and campaigns that emphasize gender equality and the rights of victims. The public must be invited to understand that sexual violence is an unacceptable violation of human rights.

Author's Opinion

Soerjono Soekanto's theory of legal effectiveness provides a useful framework for analyzing the effectiveness of the TPKS Law in Indonesia. By understanding the various factors that influence law enforcement, strategic steps can be taken to improve the implementation of this law effectively. Joint efforts from the government, law enforcement officials, the public and related institutions are needed to create a safe environment for all citizens, especially women and children, from sexual violence crimes.

References

Eko Nurisman (2022). "Risalah Tantangan Penegakan Hukum Tindak Pidana Kekerasan Seksual Pasca Lahirnya Undang-Undang Nomor 12 Tahun 2022." Universitas Internasional Batam.

Mohd Yusuf DM et al. (2023). "Analisis Perspektif Sosiologi Hukum Dalam Mengatasi Krisis Penyimpangan Seksual Ditinjau Dari Undang-Undang Nomor 12 Tahun 2022 Tentang Tindak Pidana Kekerasan Seksual." Jurnal Pendidikan dan Konseling.

Salma Amelinda Iskandar (2023). "UU TPKS: Upaya Negara Hukum Yang Membahagiakan Rakyatnya?" Jurnal Demokrasi dan Ketahanan Nasional.

Komnas Perempuan (2021). "Laporan Tahunan."