PENGEMBANGAN MODEL PENDEKATAN RESTORATIVE JUSTICE TERHADAP ANAK KORBAN TINDAK PIDANA KEKERASAN SEKSUAL DARI PERSPEKTIF PEMULIHAN

Abstract

The concept of restorative justice is a model approach emerging in the resolution process of criminal cases. The current legal system still primarily focuses on law enforcement and punishment for offenders, while adequate attention to the recovery of victims remains inadequately regulated. However, children who experience sexual violence have a critical right to recovery. In the context of victim recovery, Law Number 35 of 2014 can provide better protection for children as victims compared to the Criminal Code (KUHP). Law Number 35 of 2014 ensures legal rights that can help mitigate the damages caused by sexual violence, whereas the Criminal Code does not explicitly regulate children's rights as victims. This study employs theories of justice and restorative justice. According to the title and the issues to be discussed in this research, and in order to provide beneficial results, this study is conducted using a normative juridical research approach. Among various legal research approaches, the author employs a statutory approach. The primary sources of legal materials in this study are primary legal materials, secondary legal materials, and tertiary legal materials. Once the data is collected, it is gathered and analyzed qualitatively. The research findings indicate that the development of the restorative justice approach towards child victims of sexual crimes from a recovery perspective, as an alternative approach in criminal case resolution, is significantly influenced by community awareness and law enforcement authorities' knowledge. This system emphasizes the judiciary's focus on the interests of offenders, society, and the state itself, such as through incarceration or rehabilitation. For victims, greater benefits can be observed when their losses are compensated, treated, or restored. With the enactment of Law Number 1 of 2023 concerning the Criminal Code, restorative justice aims at recovery involving the accountability of offenders and compensation or restoration of victims' losses.