PEREMPUAN BERHADAPAN DENGAN HUKUM DALAM INTEGRATED CRIMINAL JUSTICE SYSTEM DI INDONESIA

Women in conflict with the law (PBH) refer to women who come into contact with the law as witnesses, victims, or perpetrators. Women as persons or legal subjects (rechtpersoon) who are in conflict with the law are involved, among other things, in the criminal justice system. The criminal justice system operates through four subsystems: the police, the prosecutor's office, the courts, and correctional institutions; outside of these is the legal aid subsystem, namely advocates. In law enforcement, these four subsystems or components must be integrated, synchronized, and interconnected. Therefore, the system is referred to as the Integrated Criminal Justice System (ICJS). The ICJS is regulated by Law Number 8 of 1981 on the Criminal Procedure Code (KUHAP), which governs the functions of each of the four subsystems or components. Additionally, each of the four subsystems or components has its own internal regulations that must align with the KUHAP in enforcing the law, ensuring legal certainty concerning the protection of women's rights, gender stereotypes, and all forms of discrimination.

This study uses a normative juridical research method and applies the concepts of PBH, gender and gender inequality, gender-based violence, procedural justice, victimology theory, and feminist legal theory. The research findings, based on the application of internal regulations of the four subsystems or components and the KUHAP within the ICJS in handling PBH cases, are drawn from four court decisions: Surabaya District Court Decision No. 567/Pid.Sus/2025/PN.Sby, Surabaya High Court Decision No. 1575/Pid/2024/PT.Sby and No. 371/Pid/2022/PT.Sby, and the Supreme Court Decision No. 1466 K/Pid/2024—ranging from investigation, prosecution, trial, decision execution, and legal assistance by advocates—show that the ICJS is not being implemented in an integrated, synchronized, and connected manner. The results indicate a lack of gender perspective and failure to implement the legal theories mentioned above. Therefore, it is urgent to reconstruct the ideal PBH regulations within the Draft Criminal Procedure Code (RKUHAP) and/or the internal regulations of the four subsystems or components in the ICJS.