Resolution of Criminal Acts of Monomagy and Sexual Abuse Against Children Based on Restortive Justice at The Karimun Resort Police Office

Abstract

Indonesia guarantees the protection of children's rights and imposes severe sanctions for child molestation and sexual abuse. In practice, some cases are resolved through restorative justice. This mechanism raises debate because it must balance the recovery of the victim with public interest and law enforcement. This study aims to examine and analyze the resolution of child molestation and sexual abuse cases based on restorative justice at the Karimun Police Resort and its weaknesses. The study uses a sociological juridical method with a descriptive-analytical research specification. The data types used are primary and secondary data, collected through field studies and literature studies. Data analysis is conducted qualitatively, using law enforcement theory and progressive law theory as analytical frameworks. Based on the results, it can be concluded that the resolution of child molestation and sexual abuse cases through restorative justice is carried out at the request of the victim's family and based on a peace agreement with the perpetrator to protect the child from trauma and stigma. However, this mechanism contradicts the law because child molestation is a serious crime, neglects public interest, and weakens the preventive and repressive functions of criminal law. The weaknesses of applying restorative justice in child molestation cases include a focus on private settlement, financial compensation, the use of police discretion, and lack of oversight, which may create negative precedents and reduce legal certainty and the effectiveness of law enforcement.