Analysis of Victim Protection in a Human Rights Perspective from a Retributive Approach to a Rights-Based Approach

Abstract

Victim protection within the criminal justice system has undergone a paradigm shift from a retributive approach toward a human rights–based approach. The retributive approach, which primarily focuses on punishing offenders, has often failed to provide substantive justice for victims, particularly in terms of restitution, rehabilitation, and recovery. From a human rights perspective, victims are no longer mere objects within the justice process but legal subjects are entitled to justice, protection, and remedies that must be guaranteed by the state. This study aims to analyze the transformation of victim protection from a retributive approach to a rights-based approach within the human rights framework, examine the limitations of the retributive model in providing comprehensive victim protection, and formulate a more responsive victim protection model grounded in human rights principles. The research employs a normative juridical method with statutory, conceptual, and comparative approaches. Data were collected through library research involving legislation, international legal instruments, court decisions, and relevant academic literature. The data were analyzed qualitatively using descriptive-analytical and prescriptive methods. The findings indicate that the retributive approach still dominates the criminal justice system but is insufficient in ensuring optimal victim protection. A human rights–based approach introduces a new paradigm that positions victims as primary subjects entitled to recovery, justice, and protection. Therefore, a reconstruction of the victim protection system is required by integrating human rights principles at every stage of the criminal justice process.