Harmonization of Cairo's Declaration of Human Rights in the Criminal Act of Sexual Violence Law

A. Dardiri Hasyim , Mufrod Teguh Mulyo

Universitas Nahdlatul Ulama Surakarta, Surakarta, Indonesia

Darsinah

Universitas Muhammadiyah Surakarta, Surakarta, Indonesia

Abstract:

Humans are born with certain rights linked to them. Indonesia's positive law is meant to conform with laws and regulations promoting human rights. The government has enacted Law No. 12 of 2022 concerning the Crime of Sexual Violence (TPKS) (TPKS). This study aims to determine the harmonization of the Cairo Declaration of Human Rights in the TPKS Law. This research is a sort of normative or library research. Collecting data through literature review linked to the research focus, in the form of literature review, theory and regulation. Data analysis was carried out descriptively with triangulation. The results showed that one TPKS arrangement was based on respect for human dignity. In addition, it is also based on the principle of non-discrimination, which conforms with Articles 11A and 18A of the Cairo Declaration of Human Rights. Meanwhile, specifically for children, the TPKS Law is in line with Article 7A of the Cairo Declaration of Human Rights. The new findings in this study reveal that at least 8 (eight) International Conventions are used as the basis for creating and approving the TPKS Law.

Keyword:

Human Rights, Sexual Violence, Sexual Violence Laws, Rape Cases, and Gender Violence