Criminal Law Protection of Indonesian Citizens as Victims of Violence by Diplomats' Families in the Perspective of Critical Victimology

Abstract

This study aims to analyze the protection of criminal law against Indonesian citizens (WNI) as victims of violence committed by the family of diplomats and the role of the state in providing legal protection from a critical victimology perspective. This research is a normative legal research using a legislative approach and a conceptual approach. The legal materials used include laws and regulations, the 1961 Vienna Convention on Diplomatic Relations, the 1963 Vienna Convention on Consular Relations, as well as literature related to victim protection and victimology. The results of the study show that the protection of criminal law against Indonesian citizens as victims of violence by the families of diplomats has not been implemented optimally due to the diplomatic immunity possessed by diplomats and their families, so that the criminal law enforcement process experiences obstacles. From a critical victimology perspective, this problem shows structural injustice and power imbalance between perpetrators who have diplomatic immunity and victims who do not have special protections, so that victims are in a weak position to obtain justice. Critical victimology views that victims are not only victims because of the perpetrator's actions, but also because of legal systems and power structures that have not been fully on the side of the victim. Therefore, the state has an obligation to provide more optimal legal protection to victims through legal protection, assistance, rehabilitation, and diplomatic efforts so that victims continue to receive justice and legal protection even though the perpetrators have diplomatic immunity.