Legal Analysis of Restitution Granting as an Effort to Restore the Rights of Victims of Sexual Violence in the Perspective of Indonesian Positive Law Based on Justice Values

Ridho Hendry Irawan, Arpangi Arpangi

Abstract


Abstract. Sexual violence is a violation of human rights that injures the dignity and honor of the victim, and requires recovery through restitution. Even though it has been regulated in Indonesian positive law, the implementation of providing restitution for victims of sexual violence still faces various challenges. The aim of this research is to analyze the current arrangements for providing restitution as an effort to restore the rights of victims of sexual violence, to analyze the weaknesses of the system of providing restitution as an effort to restore the rights of victims of sexual violence in the perspective of positive Indonesian law, and to analyze the ideal arrangements for providing restitution as an effort to restore the rights of victims of sexual violence in the perspective of positive law in Indonesia in the future based on justice. The aproach method used in preparing the thesis is normative juridical research. The specifications in this research are descriptive analysis. The theories used include legal certainty theory, legal system theory, justice theory. The results of this research are (1) Regulations regarding the provision of restitution in cases of criminal acts of sexual violence have been regulated in Law Number 12 of 2022 and Supreme Court Regulation Number 1 of 2022. Restitution is recognized as a victim's right which must be exercised by the perpetrator or a third party. (2) Weaknesses in the substance of current regulatory law are that they are unable to provide protection for victims because they still place victims as objects in the criminal justice system. Weaknesses in legal culture which is still influenced by patriarchy and negative stereotypes towards women. (3) The ideal arrangement for providing restitution as an effort to restore the rights of victims of sexual violence requires the presence of a legal system that is not only based on normative justice as regulated in the TPKS Law and its derivative regulations, but is also realized substantively through real fulfillment of the victims' rights, including when the perpetrator is unable to pay. The imbalance between norms and implementation shows the need for improvement, especially in the state's role in ensuring the recovery of victims through compensation mechanisms, in order to achieve complete justice as described by Hans Kelsen, that the law must aply generally and regularly, where the state needs to ensure that victims' rights can be realized in real terms as a form of the state's responsibility in protecting its citizens.


Keywords


Keywords: Restitution; Sexual Violence; Victim.

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References


Journals:

Afriandi, Angga, Fahmi Fahmi, and Rudi Pardede. "Implementation of Material Loss Restitution for Victims of Fraud in the Jurisdiction of the Rokan Hulu Police Based on Law Number 31 of 2014 Concerning Protection of Witnesses and Victims." Innovative: Journal Of Social Science Research, Vol. 4, No. 5, 2024,

Fauzy Marasabessy. "Restitution for Victims of Crime: A New Mechanism Offered." Journal of Law & Development Vol. 45, No. 1, 2016,

Fradhana Putra Disantara, The Integralistic State Idea: Reconstruction of Administrative Efforts Perspective, Institute of Technology and Business, Jurnal Daulat Hukum, Vol. 6 Issue 2, 2023

Gita Kiki Septia and Suhartini Suhartini. "The Interest of Restitution in the Criminal Justice System as a Means of Recovery for Victims of Sexual Violence: (Case Study of Decision No: 382/Pid. sus/2020/PN Jkt. Sel)." SYNTAX IMPERATIVE JOURNAL: Journal of Social Sciences and Education Vol. 4, No. 6, 2024,

I NyomanAdika, et. al., "The Role of Investigators in Providing Restitution for Victims of Sexual Violence Crimes Based on Law Number 12 of 2022 Concerning Sexual Violence Crimes at the Buleleng Police Resort." Kertha Widya, Vol. 11. No. 2, 2024,

Kodiyat M, Benito Asdhie. "Ethics in Expressing Opinions on Social Media in the Perspective of Citizens' Constitutional Rights." EduTech: Journal of Education and Social Sciences, Vol. 4, No. 2, 2018,

Meisyifa Yosaliza, Implementation of Restitution in Sexual Violence Crimes Based on District Court Decision No. 101/Pid.sus/2024/PN Pyh, Contribution 12 Journal, Vol. 3, No. 2, 2025,

Nazaruddin Lathif, et. al., "Policy Reform for Handling Sexual Violence Crimes According to the Tpks Law to Achieve a Civilized Indonesian Society." PALAR (Pakuan Law Review) Vol. 8, No. 4, 2022,

Rahmat Raka Winata. "Implementation of Restitution for Child Victims of Crime in Polestabes Palembang." Darma Agung Journal, Vol. 32, No. 2, 2024,

Siti Miyanti Juniar, "Legal Protection for Child Victims of Pornography Crimes from the Perspective of Law Number 44 of 2008 Concerning Pornography." Lex lata, Vol. 1, No. 1, 2023,

Yulianti, Swi Wahyuningsih. "Policy for Regulating Compensation and Restitution for Victims of Criminal Acts Based on the Principles of Justice and Humanity from an Inclusive Legal Perspective." Journal of Political, Legal and Citizenship Education, Vol. 11, No. 2, 2021,

Books:

Aan Komariah and Djama'an Satori. 2014, Qualitative Research Methodology. Alphabetha. Bandung,

Andi Hamzah, 1986, “Protection of Human Rights in the Criminal Procedure Code, Binacipta, Bandung,

Dominikus Rato, 2010, Philosophy of Law Seeking: Understanding and Understanding the Law, Laksbang Pressindo, Yogyakarta,

Hamzah, Abu 'Abdul Lathif al-Ghamidi. (Ed). 2010, Stop Domestic Violence (Domestic Violence) Eliminate the Tempest of Violence at Home by Returning to Islamic Guidance, Imam Syafi'i Library. Jakarta,

Wahyu Wagiman et al., Compensation and Restitution Practices in Indonesia: A Preliminary Study, Indonesia Corruption Watch, Jakarta, 2007,




DOI: http://dx.doi.org/10.30659/jhku.v20i2.46204

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