Proceedings of International Conference on Neuroscience and Learning Technology (ICONSATIN 2025)

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The Effectiveness of Restorative Justice in Protecting Children’s Rights: A Case Study of Sexual Abuse in East Kutai Regency

Authors
Agustina Wati1, *, Andi Besse Daratakku Matasae1, Nur Aripkah1, A. Srikandi MPB1
1Faculty of Law, Universitas Mulawarman, Samarinda, Indonesia
*Corresponding author. Email: agustinawati@fh.unmul.ac.id
Corresponding Author
Agustina Wati
Available Online 31 December 2025.
DOI
10.2991/978-2-38476-525-6_46How to use a DOI?
Keywords
Child protection; Effectiveness; Restorative justice; Sexual abuset Chronic
Abstract

Sexual abuse is a crime that can harm others or even cause trauma to victims. In the case of sexual abuse that occurred in East Kutai Regency, justice for the victims is highly desired. Legal certainty in the application of restorative justice is still not ideal, due to the lack of clear boundaries in Law No. 11 of 2012 on the Criminal Justice System for Children and its implementing regulations regarding which criminal acts are suitable and unsuitable to be resolved through a restorative approach. Legal effectiveness is one of the main indicators of the success of the legal system in carrying out its function as a regulator of society. Legal effectiveness is highly dependent on the integrity, professionalism, and understanding of law enforcement officials regarding the values of restorative justice. Using the socio-legal research method, which aims to answer two questions, the first is to determine the protection of children’s rights in the restorative justice process. Second, to determine the legal effectiveness of Restorative Justice for perpetrators of sexual abuse of minors in East Kutai Regency. Based on the results of this study, it was found that the reconciliation process between the perpetrator and the victim generally focused on the termination of the case and the perpetrator’s admission of guilt. However, the psychological aspects and emotional recovery of the victim were not fully addressed.

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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Volume Title
Proceedings of International Conference on Neuroscience and Learning Technology (ICONSATIN 2025)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
31 December 2025
ISBN
978-2-38476-525-6
ISSN
2352-5398
DOI
10.2991/978-2-38476-525-6_46How to use a DOI?
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.

Cite this article

risenwbib
TY  - CONF
AU  - Agustina Wati
AU  - Andi Besse Daratakku Matasae
AU  - Nur Aripkah
AU  - A. Srikandi MPB
PY  - 2025
DA  - 2025/12/31
TI  - The Effectiveness of Restorative Justice in Protecting Children’s Rights: A Case Study of Sexual Abuse in East Kutai Regency
BT  - Proceedings of International Conference on Neuroscience and Learning Technology (ICONSATIN 2025)
PB  - Atlantis Press
SP  - 481
EP  - 490
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-525-6_46
DO  - 10.2991/978-2-38476-525-6_46
ID  - Wati2025
ER  -