Restorative Justice : Kasus Kekerasan Seksual Terhadap Anak Dibawah Umur

Abstract

Sexual violence against children constitutes a serious violation of human rights, with far-reaching impacts on the physical, psychological, social, and developmental well-being of the child. Within the context of the Indonesian criminal justice system, legal protection for child victims of sexual violence has undergone significant development following the enactment of Law Number 12 of 2022 on Sexual Violence Crimes (UU TPKS).

This study aims to analyze the concepts, principles, and law enforcement efforts concerning child victims of sexual violence within the Indonesian criminal justice system. The research employs a normative juridical method, utilizing statutory and conceptual approaches through a literature review of relevant legal norms, principles, and doctrines.

The findings indicate that legal protection for child victims of sexual violence is no longer solely oriented toward punishing the perpetrator but has shifted toward a victim-centered approach, placing the principle of the best interests of the child as the primary foundation. The synergy between the Sexual Violence Crimes Law, the Child Protection Law, and the Juvenile Criminal Justice System Law establishes a more comprehensive legal framework, encompassing the right to protection, recovery, rehabilitation, restitution, and the prevention of revictimization.

The implementation of such protection requires a balanced integration of preventive and repressive measures. However, its effectiveness continues to face challenges in terms of practical implementation, the capacity of law enforcement officials, and the availability of victim recovery services. Therefore, institutional synergy and the strengthening of legal culture within society are essential to ensure optimal and just protection for child victims of sexual violence.