Prevention of Secondary Victimization for Crime Victims of Sexual Violence in Court Proceeding Process in Yogyakarta

Abstract

The number of cases of sexual violence against women is still a concern faced by Indonesian society. When a crime of sexual violence occurs, the victim will report the crime. When undergoing the process to demand justice, it is not uncommon for victims of sexual violence to experience secondary victimization where the victim is blamed for the crime and receives negative stigma from law enforcement officials. This research formulates the problem of what factors caused the occurrence of secondary victimization in the examination of victims of sexual violence in court proceedings and provide kinds of factors that can be done to prevent the occurrence of secondary victimization for victims of sexual violence in the examination of court proceedings. This research is empirical research using primary data obtained through interviews with legal institutions in charge of handling victims, namely Rifka Annisa Women Crisis's Center, Yogyakarta State Prosecutors' Office, and Judges at the Yogyakarta State Court. The results of this research can be concluded that secondary victimization still occurs for victims of sexual violence because many law enforcement officials still lack a victim's perspective and do not understand the dynamics of victim’s post-crime. Various prevention of secondary victimization has been provided, such as the existence of legal assistance by Rifka Annisa, the existence of prosecutor's guidelines No. 1 of 2021 concerning the handling of victims of sexual violence and Perma No. 3 of 2017 concerning guidelines for judging women's cases against the law. Suggestions based on the results of the study are for law enforcement officials who handle victims of sexual violence to have better understanding regarding the perspective of victims and understand the psychological dynamics of victims so that secondary victimization does not occur, and victims are not afraid to report cases of sexual violence that occur to them. To the government, so that the regulation of law number 12 of 2022 can be implemented immediately so that law enforcement officials can prioritize the interests of victims and implement related procedures for handling victims of sexual violence in the criminal justice system so that secondary victimization of victims of sexual violence does not occur.