Justice for Survivors of Sexual Violence: A Synergy of Positive Law and Islamic Legal Principles

DOI

10.2991/978-94-6239-785-9_49How to use a DOI?

Keywords

Justice; sexual violence; survivors; positive law; Islamic legal principles

Abstract

Sexual violence is a multidimensional problem that threatens the dignity, safety, and future of survivors. The incidence of such cases continues to increase, both in domestic and public spheres, with women and children as the dominant victims. This condition reflects the weak protection mechanisms for survivors and the lack of justice-oriented legal responses. This article aims to analyze legal protection for survivors of sexual violence through the synergy of Indonesia’s positive law particularly Law No. 12 of 2022 on Sexual Violence Crimes (UU TPKS) with Islamic legal values grounded in the maqāṣid al-sharīʿah. The research employs normative legal methods with philosophical and comparative approaches. The findings reveal that although the UU TPKS has provided a comprehensive protection framework, its implementation in North Sumatra remains hindered by cultural factors, social stigma, and institutional limitations. From the perspective of Islamic law, the principles of hifz al-nafs (protection of life), hifz al-‘irdh (protection of dignity), and justice (‘adl) provide moral legitimacy and normative foundations to strengthen survivor-centered justice. This study concludes that integrating positive law and Islamic values can establish a more holistic, responsive, and just model of protection for survivors of sexual violence in North Sumatra.

Copyright

© 2026 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Atikah Rahmi
AU  - Harisman
PY  - 2026
DA  - 2026/10/07
TI  - Justice for Survivors of Sexual Violence: A Synergy of Positive Law and Islamic Legal Principles
BT  - Proceedings of the UUM 13th International Legal Conference 2025 (UUMILC 2025)
PB  - Atlantis Press
SP  - 706
EP  - 718
SN  - 2667-128X
UR  - https://doi.org/10.2991/978-94-6239-785-9_49
DO  - 10.2991/978-94-6239-785-9_49
ID  - Rahmi2026
ER  -