Implementasi pemberian restitusi bagi korban kekerasan seksual dan peran jaksa penuntut umum = Implementation of restitution for victims of sexual violence and the role of public prosecutors

Roseline, Nadya (2024) Implementasi pemberian restitusi bagi korban kekerasan seksual dan peran jaksa penuntut umum = Implementation of restitution for victims of sexual violence and the role of public prosecutors. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

Indonesia, as a rule-of-law state, is committed to protecting its citizens and providing justice, yet sexual violence remains a persistent issue. The law, particularly the Indonesian Criminal Code (KUHP) and Law No. 12/2022 on Sexual Violence Crimes, recognizes the significant impact of sexual violence on victims, especially children, who are the most vulnerable. The primary objective of restitution, as stipulated in these laws, is to provide compensation to victims for both material and immaterial damages suffered due to the crime. This includes compensation for physical, psychological, and social losses, as well as medical and legal costs. This research employs a case study approach, analyzing judicial decisions on restitution in sexual violence cases, and conducting interviews with legal professionals to understand the challenges faced in the process. This research also examines the legal framework governing restitution, including the procedural steps outlined in regulations such as the Indonesian Criminal Procedure Code and the Protection of Witnesses and Victims Law. The findings suggest that public prosecutors play a crucial role in ensuring that victims receive restitution, not only by identifying damages but also by ensuring the enforcement of court decisions. However, several challenges hinder the effective implementation of restitution, including a lack of victim awareness about their rights, complex procedural requirements, and insufficient coordination among agencies involved. Moreover, public prosecutors' knowledge of restitution needs to be enhanced to ensure more comprehensive support for victims. In conclusion, while Indonesia has made significant progress in incorporating restitution into its legal system, challenges remain in its practical application. Strengthening coordination among stakeholders, improving awareness among victims, and enhancing the capacity of public prosecutors are essential to ensuring that restitution effectively contributes to the recovery and rehabilitation of sexual violence victims. This study emphasizes the importance of a comprehensive and coordinated approach to address these challenges and promote restorative justice for victims of sexual violence.
Item Type: Thesis (Bachelor)
Creators:
Creators
NIM
Email
ORCID
Roseline, Nadya
NIM01051210122
nadyaroseline20@gmail.com
UNSPECIFIED
Contributors:
Contribution
Contributors
NIDN/NIDK
Email
Thesis advisor
Susanti, Christine
NIDN0306017903
christine.susanti@uph.edu
Uncontrolled Keywords: restitution; sexual violence; public prosecutor; victim protection; recover.
Subjects: K Law > K Law (General)
Divisions: University Subject > Current > Faculty/School - UPH Karawaci > Faculty of Law > Law
Current > Faculty/School - UPH Karawaci > Faculty of Law > Law
Depositing User: NADYA ROSELINE
Date Deposited: 30 Jan 2025 12:32
Last Modified: 30 Jan 2025 12:32
URI: http://repository.uph.edu/id/eprint/66868

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