Petitioners during revision petition hearing for case no. 250/PUU-XXIII/2025, the material review of Law No. 12 of 2022 on the Crime of Sexual Violence, Thursday (1/8/2026). Photo by MKRI/Bay.

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JAKARTA (MKRI) – The Constitutional Court (MK) held a revised petition hearing on the petition filed by three female students, Sherly Putri Yulia Santi (Petitioner I), Nadhirotul Khumayroh (Petitioner II), and Diva Serina Keisha Putri (Petitioner III) on Thursday, January 8, 2026. The second hearing, with the agenda of hearing the main points of the revision of the petition for judicial review of Article 67 paragraph (2) of Law No. 12 of 2022 on Criminal Acts of Sexual Violence (UU TPKS), was held by a Panel Hearing chaired by Chief Justice Suhartoyo together with Constitutional Justice Daniel Yusmic P. Foekh and Constitutional Justice M. Guntur Hamzah, in the Plenary Courtroom.

Sherly stated that she had refined the petition regarding the legal standing of the Petitioners. For example, Petitioner I is female and has a neighbor who experienced sexual violence in her village. "Petitioner I lives in an unsafe environment. Petitioner II is a student who passes through a vulnerable area at night every day. Petitioner III is a student with vulnerabilities as a migrant," Sherly explained online.

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State’s Role in the Recovery of Sexual Violence Victims

At the Preliminary Hearing for Petition No. 250/PUU-XXIII/2025, Wednesday, December 17, 2025, the Petitioners stated that the provisions of Article 67 paragraph (2) of the TPKS Law were in conflict with Article 28D Paragraph (1), Article 28G Paragraph (1), and Article 28I paragraph (4) of the 1945 Constitution of the Republic of Indonesia. The Petitioners considered that the phrase "in accordance with the conditions and needs of the victim" in Article 67 paragraph (2) of the TPKS Law opened up potentially broad legal space for the state, both the Central Government and Regional Governments, to relinquish or reduce their responsibility in providing reparation to victims of sexual violence. The reasons included limited regional budgets, lack of supporting facilities, or geographical conditions that were difficult to reach. This was reinforced by the stipulation of Government Regulation No. 29 of 2025 on Assistance Funds for Victims of Sexual Violence Crimes.

This regulation serves as a manifestation of the state's commitment to provide compensation to victims who have suffered losses that cannot be fully met by the perpetrators of the crime. However, the existence of this Government Regulation should not be an excuse for the state to rely solely on restitution from the perpetrators. Instead, the state must actively and proactively ensure that victims' rights are fully fulfilled, without relying on the conditions or readiness of local governments.

However, the Petitioners are of the view that the norm is not accompanied by limitations, nor accountability mechanisms in the implementation of victims' rights if actions occur that are detrimental to the fulfillment of these rights. The absence of these limitations creates too much room for interpretation, so that in practice Article 67 Paragraph (2) of the TPKS Law is often used unilaterally by the state or related agencies to justify ignoring victims' rights without a transparent process, without clear procedures, and even without proper redress as stipulated in the regulations.

For this reason, the Petitioners request that the Court declare Article 67 paragraph (2) of the TPKS Law which states: "Fulfillment of Victims' Rights is a state obligation and is implemented according to the conditions and needs of the Victims." contrary to the 1945 Constitution of the Republic of Indonesia and does not have binding legal force, as long as it is not interpreted as: "Fulfillment of Victims' Rights is an absolute state obligation, the implementation of which is prioritized and cannot be set aside on the grounds of limited budget, facilities or infrastructure.

Track case No. 250/PUU-XXIII/2025

Author      : Sri Pujianti
Editor       : N. Rosi
Translator : Donny Yuniarto

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

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