Reconstruction of Victim-Centered Criminal Law Policy to Achieve Restorative Justice in Sexual Violence Cases

DOI

10.2991/978-2-38476-519-5_15How to use a DOI?

Keywords

Reconstruction; Criminal Law Policy; Restorative Justice; Sexual Violence; Psychological trauma

Abstract

Restorative Justice has gained increasing recognition in the Indonesian legal system, with various law enforcement agencies actively promoting the resolution of cases through Restorative Justice mechanisms, including cases of sexual violence. Victims of sexual violence suffer not only physical harm but also psychological trauma. However, the Law on Crimes of Sexual Violence (TPKS) explicitly prohibits out-of-court settlements for such cases, creating normative disharmony. On the other hand, law enforcement agencies promote restorative justice as a means of achieving recovery for victims, offenders, and society. This legal prohibition restricts its application in sexual violence cases. This study aims to examine the existing legal framework concerning the fulfillment of victims’ rights in sexual violence cases, particularly regarding the use of the Restorative Justice mechanism, and proposes a reconstruction of legal policy that better serves victims’ interests. Therefore, the research employs a doctrinal method with a normative legal approach. The findings reveal that despite the enactment of the TPKS Law, the fulfillment of victims’ rights has not been adequately realized in practice. Therefore, the ideal criminal law policy for determining which sexual violence cases may be resolved out of court should require a psychological assessment to ensure that the victim’s decision is made freely, without pressure or coercion, and that it promotes the victim’s psychological recovery. Effective implementation, regular evaluation, and ongoing monitoring are essential to ensure that victims and offenders genuinely benefit from settlement through a restorative justice approach.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - S. Pratiwi Aminuddin
AU  - Agus Raharjo
AU  - Hibnu Nugroho
PY  - 2025
DA  - 2025/12/29
TI  - Reconstruction of Victim-Centered Criminal Law Policy to Achieve Restorative Justice in Sexual Violence Cases
BT  - Proceedings of the 3rd International Conference on Law, Economics & good Governance (ICLAW 2025)
PB  - Atlantis Press
SP  - 190
EP  - 205
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-519-5_15
DO  - 10.2991/978-2-38476-519-5_15
ID  - Aminuddin2025
ER  -