Marital rape as a hidden crime: a victimological analysis of victim-centered justice in Indonesia

Abstract

Purpose: to analyze the legal protection of marital rape victims in Indonesia from a victimological perspective, focusing on its status as a hidden crime, the factors contributing to secondary victimization, and the effectiveness of the existing criminal law framework in providing victim-centered protection, recovery, and justice.

Method: this study employs normative legal research using statutory, conceptual, case, comparative, and human rights approaches. Legal materials consist of primary, secondary, and tertiary sources collected through library research and analyzed qualitatively using legal interpretation, conceptual analysis, and prescriptive analysis.

Findings: marital rape in Indonesia remains a hidden crime influenced by patriarchal norms, economic dependency, unequal power relations, social stigma, and limited access to victim protection services. Although Law No. 23 of 2004 and Law No. 12 of 2022 provide an important legal basis for protecting victims, their implementation remains constrained by institutional and cultural barriers. The study further finds that a victim-centered, trauma-informed approach is essential to prevent secondary victimization and ensure victims’ safety, recovery, restitution, and empowerment.

Implications: Indonesian criminal justice policy should strengthen victim-centered and trauma-informed approaches through improved law-enforcement capacity, integrated victim protection services, institutional coordination, and mechanisms for restitution and recovery.

Originality: lies in integrating classical and contemporary victimological perspectives with Indonesian criminal law to develop a victim-centered framework for addressing marital rape as a hidden crime.