Background: Law Number 12 of 2022 concerning the Crime of Sexual Violence (TPKS Law) marks a significant shift in Indonesia's criminal law reform by adopting a victim-centered approach. However, inconsistent implementation and limited scholarship explaining how legal politics transforms Maqāṣid al-Sharīʿah into statutory law remain important challenges.
Methods: This study employs normative legal research using statutory, conceptual, and comparative approaches. Primary legal materials include the 1945 Constitution, the TPKS Law, and related legislation, while secondary materials comprise scholarly works on legal politics, victim protection, and Maqāṣid al-Sharīʿah. Data were analyzed through doctrinal legal interpretation using Jasser Auda's systems approach.
Results: The findings show that Indonesia's legal politics has institutionalized victim protection through prevention, rehabilitation, restitution, compensation, and procedural safeguards that substantially correspond with the objectives of Maqāṣid al-Sharīʿah. Nevertheless, institutional fragmentation, inconsistent law enforcement, and victim-blaming continue to hinder effective implementation.
Discussion: The study demonstrates that legal politics serves as a normative bridge linking Islamic legal values, constitutional principles, human rights, and restorative justice within Indonesia's plural legal system.
Conclusion: Effective victim protection requires stronger institutional capacity and consistent implementation aligned with the objectives of Maqāṣid al-Sharīʿah.
Novelty: This study develops a doctrinal framework explaining how legal politics mediates the transformation of Maqāṣid al-Sharīʿah into Indonesia's victim-centered sexual violence legislation.
Publication Date: 2024-12-30