Reconstruction Protection of Law of Victims of Victims Based on Justice Values

The crime of rape is the most difficult case in the settlement either at the stage of investigation, prosecution or at the stage of the decision. Imposition of too mild criminal sanctions causes the purpose of punishment as a special prevention and general prevention not achieved optimally as expected. This is evidenced by the recent increase in criminal acts of rape, whereas the existence of sanctions provides direction and consideration of what should be used as sanctions in a crime to enforce the norm of justice. So in this study, the formulation of the problem is 1) Why the regulation of legal protection against victims of the crime of rape in the positive criminal law is not currently based on the value of justice? 2) How the weaknesses of legal protection of victims of the crime of rape in positive criminal law when this? and 3) How is the reconstruction of legal protection against victims of justice-based rape crime? The results of this study are 1) The regulation of legal protection against victims of criminal rape in the current positive law in Indonesia that is not based on the value of justice is based on the regulation in the current positive law that is in the Criminal Code where rape penal Code regulated as a crime of morality contained in Article 281 of the criminal Code to Article 296 of the criminal Code, but the offense of criminal Rape (Verk rach ting) in this case copulation contained in Article 285 of the criminal Code, Act No. 31 of 2014 on the Protection of Witnesses and Victims 2 ) the inadequacies of legal protection of victims of crime of rape in the positive law today that weakness from a legal perspective, the weakness of the approach / method thinking law enforcement officers, the weaknesses during the criminal justice process, and 3) Reconstruction of the legal protection of victims of crime of rape based on values justice can be viewed from Vik Tuo logic as stale s reconstruction of legal protection against victims of criminal acts of rape, from reviewing the crime against perpetrators of rape crime based on justice value, based on legal protection against victims of rape in various countries, based on the idea of Progressive Law Theory of Reconstruction of Legal Protection of Victims of Action Criminal Rape, reconstruction of legal compensation for victims