Comparative Analyzation of Criminal Law for Sexual Harassment Based on Awig-Awig and Law 12 of 2022

Indonesia has two legal systems, customary law and national law, which often clash in sexual harassment cases. Bali's Awig-Awig promotes restorative justice, while Law No. 12 of 2022 emphasizes strict criminal sanctions. This difference can trigger conflict, especially regarding the rights of female victims. Therefore, this study will discuss how the mechanism between the two laws compares and which law is more effective in applying in sexual harassment cases in Bali. This research compares the effectiveness of the two legal systems using a socio-legal method and comparative approach. The results show that the integration of customary deliberation with formal legal protection can bridge such differences, ensuring culturally sensitive and comprehensive justice.

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Publication Details

Journal
Perspektif Hukum
Published
2025-05-19
DOI
https://doi.org/10.30649/ph.v25i1.333
Primary Topic
Legal and Social Justice Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Comparative Analyzation of Criminal Law for Sexual Harassment Based on Awig-Awig and Law 12 of 2022

Benny Sumardiana, Fairuz Afra
Perspektif Hukum
Legal and Social Justice Studies
article

Comparative Analyzation of Criminal Law for Sexual Harassment Based on Awig-Awig and Law 12 of 2022

Benny Sumardiana, Fairuz Afra
article en

Abstract

Indonesia has two legal systems, customary law and national law, which often clash in sexual harassment cases. Bali's Awig-Awig promotes restorative justice, while Law No. 12 of 2022 emphasizes strict criminal sanctions. This difference can trigger conflict, especially regarding the rights of female victims. Therefore, this study will discuss how the mechanism between the two laws compares and which law is more effective in applying in sexual harassment cases in Bali. This research compares the effectiveness of the two legal systems using a socio-legal method and comparative approach. The results show that the integration of customary deliberation with formal legal protection can bridge such differences, ensuring culturally sensitive and comprehensive justice.

Perspektif Hukum
State University of Semarang (ID)
Openalex Percentile: Top 83%
Legal and Social Justice Studies
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