TINJAUAN YURIDIS NORMATIF KEDUDUKAN BARANG BUKTI MENJADI ALAT BUKTI PADA PEMBUKTIAN TINDAK PIDANA PELECEHAN SEKSUAL NON-FISIK (Studi Kasus Undang-Undang Nomor 12 Tahun 2022 Tentang Tindak Pidana Kekerasan Seksual)

Non-physical sexual harassment is a form of sexual violence that causes serious harm to victims but is often difficult to prove due to the lack of physical evidence. Law No. 12 of 2022 concerning Sexual Violence Crimes (UU TPKS) serves as a progressive legal instrument that not only defines sexual violence comprehensively but also expands the scope of admissible evidence by recognizing physical evidence as legal proof. This provision raises legal concerns, as Indonesia's Criminal Procedure Code (KUHAP) limits valid evidence to specific types listed in Article 184, excluding physical evidence. This study uses a normative juridical method with a statute approach and literature review to analyze the effectiveness and legal implications of such evidentiary expansion. The findings indicate that while the expansion aims to strengthen victim protection, it poses implementation challenges, especially regarding harmonization with the principle of legality and Indonesia’s evidentiary system. Thus, aligning the provisions of KUHAP with the UU TPKS is essential to ensure legal certainty and effective protection for victims of non-physical sexual harassment.