Perlindungan Hukum Anak Korban Kekerasan Seksual Dalam Sistem Peradilan Pidana Indonesia

Abstract

This study aims to analyze the normative position and legitimacy of restorative justice within the Indonesian criminal justice system when applied to cases of sexual violence against children, as well as to assess its relevance and effectiveness in providing comprehensive protection and recovery for victims. The research employs a normative juridical method using statutory and conceptual approaches by examining relevant regulations concerning child protection and restorative justice. The findings indicate that, normatively, the restorative approach has a legal basis within law enforcement policies and is aligned with victim-centered principles as stipulated in Law Number 12 of 2022 and Law Number 35 of 2014. However, considering that sexual violence against children constitutes a serious crime affecting broader public interests, restorative justice does not possess absolute legitimacy to replace formal criminal proceedings. Its application can only be justified in a limited and complementary manner while maintaining the offender’s criminal accountability. The study further reveals that the effectiveness of restorative justice largely depends on its implementation design, particularly in ensuring the best interests of the child, non-revictimization, voluntary participation, and trauma-informed professional assistance. Without strict protective standards, restorative mechanisms may risk causing secondary victimization and structural injustice. Therefore, a selective, restrictive, and protective policy framework is required to ensure that restorative justice contributes to a more humane criminal justice system without undermining legal certainty and justice.