Comparative Legal Analysis of Victim Protection in Indonesia and the United States

Abstract

Sexual violence is a human rights violation with wide impact in private and public spaces. Indonesia has enacted Law Number 12 of 2022 on Sexual Violence Crimes, while the United States relies on the Violence Against Women Act and the Sex Offender Registration and Notification Act. Differences between civil law and common law traditions shape policy design and handling mechanisms. This study aims to compare legal regulation and handling mechanisms for sexual violence in Indonesia and the United States, identify the strengths and weaknesses of each system, and formulate recommendations for improvement. The research uses normative juridical method with statutory and functional comparative approaches. Primary legal materials include the Indonesian Sexual Violence Crimes Law and 18 U.S.C. §2242, while secondary materials include journals, books, and official documents. The analysis is comparative, prescriptive, and qualitative, with the American side limited to the federal level through 18 U.S.C. §2242 and SORNA. The findings show that Indonesia is more victim-oriented and restorative through broader definitions, restitution, and psychological support, yet implementation is constrained by patriarchal culture, limited institutional capacity, and inconsistent judicial interpretation. The United States emphasizes public safety through offender registration and monitoring, but faces federal-state fragmentation and empirical doubts about SORNA's deterrent effect. The novelty lies in a systematic comparison of post-UU TPKS Indonesia and the federal SORNA regime across a broader spectrum of sexual violence, including digital violence. The study concludes that neither system offers a complete model and proposes an operational mutual learning agenda.