Challenges in Implementing the Principle of Non-Revictimization of Victims of Sexual Violence in the Reporting Process

Authors:
Ayesha Zivanka Anfasyah, Rafly Aditya Rahman, Muhamad Romdoni

Addresses:
Faculty of Law, Universitas Sultan Ageng Tirtayasa, Serang, Banten, Indonesia.

Abstract:

Sexual violence represents a grave social and legal problem that inflicts not only physical harm but also profound psychological trauma on victims. The principle of non-revictimization is established to safeguard victims from experiencing repeated harm, both mentally and socially, throughout the criminal justice process. This study seeks to analyze the obstacles in implementing the principle of non-revictimization for victims of sexual violence using a juridical-normative methodology. The results indicate that, although the principle has been codified in Law Number 12 of 2022 concerning Crimes of Sexual Violence, its enforcement continues to face significant challenges. Among these are the limited understanding of victims’ perspectives by law enforcement officers, the predominance of a positivistic legal approach that neglects victims’ psychological conditions, and the persistence of patriarchal cultural norms that contribute to stigma and victim-blaming. Moreover, social and economic constraints further restrict victims’ access to legal protection and rehabilitation services. Effective enforcement of the principle of non-revictimization requires strong institutional commitment, enhanced law enforcement competence, and active community engagement, so that the legal process is conducted fairly, humanely, and with the victim’s perspective as a guiding principle. This study provides recommendations for strengthening the implementation of non-revictimization in practice.

Keywords: Sexual Violence; Non-Revictimization Principle; Law Enforcement; Institutional Commitment; Legal Protection; Community Engagement; Rehabilitation Services; Patriarchal Cultural.

Received on: 01/05/2025, Revised on: 03/07/2025, Accepted on: 29/08/2025, Published on: 03/03/2026

DOI: 10.69888/FTSPL.2026.000577

FMDB Transactions on Sustainable Public and Law, 2026 Vol. 1 No. 1, Pages: 1-8

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