VIOLENCE AS A FORMAL AND MATERIAL CRIME IN THE KUHP AND THE TPKS LAW: A COMPARATIVE CONCEPTUAL STUDY

Abstract

Regulations on violence as a material offense in the Criminal Code (KUHP) and as a formal offense in Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence (UU TPKS), with a focus on conceptual differences and their implications for criminal law enforcement in Indonesia. Violence in criminal law is not only related to the use of physical force, but also includes non-physical acts that attack the human dignity, personal freedom, and bodily au-tonomy of victims, particularly in the context of sexual violence. This study uses a normative legal research method with a statutory approach, a conceptual approach, and a comparative approach. The legal materials used include legislation, criminal law doctrine, and relevant literature. The analysis was conducted qualitatively by assessing the structure of the offense, protected legal interests, and evidentiary implications in each regulation. The results show that the Criminal Code predominantly formulates violence as a material offense that requires physical consequences and a causal relationship between the act and the consequences. This approach provides legal certainty, but has limitations in covering non-physical forms of vio-lence and sexual violence based on power relations. In contrast, the TPKS Law uses a formal crime approach that emphasizes the perpetrator's actions and the context of their relationship with the victim, without requiring any specific physical consequences. This approach strengthens victim protection and facilitates evidence in criminal justice practice. This study concludes that the differences in the regulation of violence as a material crime and a formal crime reflect a paradigm shift in Indonesian criminal law toward a more victim-oriented ap-proach. The Criminal Code and the TPKS Law complement each other within the national criminal law system and require proportional understanding in their application by law en-forcement officials.