Restorative Justice in The Crime of Sexual Violence from The Aspect of Honor for Human Dignity

DOI

10.2991/978-2-38476-366-5_53How to use a DOI?

Keywords

Restorative Justice; Sexual Violence; Human Dignity

Abstract

Restorative justice is an initiative aimed at resolving criminal cases by prioritizing the restoration of victims and achieving equilibrium in justice for both victims and offenders. Restorative justice in cases of sexual violence necessitates particular focus on the respect for human dignity, specifically concerning the victim. The comprehension of restorative justice by law enforcement personnel and the community influences its practical application. The issue centers on restorative justice in cases of sexual violence, emphasizing the importance of human dignity. The study employed is normative juridical, characterized by descriptive analytical specifications, and is analyzed qualitatively. The involvement of offenders, victims, and the community is crucial in addressing sexual assault crimes through a restorative justice framework. Victims of sexual violence necessitate specialized care and protection due to the physical and psychological ramifications of their experiences. Law Number 12 of 2022 on Criminal actions of Sexual Violence, Article 23, specifically states that such criminal actions cannot be settled outside the court process, except for minor offenders as stipulated in the Law. Law No. 12/2011 governs restorative justice and diversion in the resolution of criminal offenses perpetrated by minors. Restorative justice is fundamentally designed to aid in the recovery of victims affected by criminal acts. Restorative justice in cases of sexual violence does not signify the cessation of legal proceedings, but rather an endeavor to facilitate the victim's recovery, particularly the reinstatement of dignity that has been compromised by the offender.

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  - Ani Triwati
AU  - A. Heru Nuswamto
AU  - Kadi Sukarna
PY  - 2025
DA  - 2025/02/28
TI  - Restorative Justice in The Crime of Sexual Violence from The Aspect of Honor for Human Dignity
BT  - Proceedings of the 1st International Conference on Social Environment Diversity (ICOSEND 2024)
PB  - Atlantis Press
SP  - 558
EP  - 569
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-366-5_53
DO  - 10.2991/978-2-38476-366-5_53
ID  - Triwati2025
ER  -