Victim Provocation Dalam KUHP Nasional Menuju Keadilan Pemidanaan Yang Proporsional

Abstract

The National Criminal Code reform opens up recognition of the role of victims in the dynamics of criminal acts through the concept of victim provocation. This study aims to analyze the status and normative limitations of victim provocation in Article 70 paragraph (1) letter h of the National Criminal Code to ensure its alignment with the principles of criminal justice. The method used is normative juridical with a statutory and conceptual approach. The results indicate that victim provocation is a contextual factor in sentencing, not a basis for shifting blame to the perpetrator. In conclusion, the application of this concept must be selective and proportional to prevent victim-blaming practices and maintain the perpetrator's criminal responsibility