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     2026:5/2

International Journal of Social Science Exceptional Research

ISSN: (Print) | 2583-8261 (Online) | Impact Factor: 8.41 | Open Access

Policy for implementing restitution sanctions for children who are victims of sexual violence

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Abstract

Restitution/compensation from perpetrators to victims of sexual violence is actually a form of legal protection and an effort to ensure the fulfillment of children's rights after sexual violence befalls them. Confirmed in various laws and regulations, especially in Article 2 paragraph (2) letter f and Article 4 PP No. 43 of 2017 concerning the Implementation of Restitution for Child Victims of Crime. The problems are (1) legal certainty of the right to obtain restitution for child victims of sexual violence, (2) restitution as a form of criminal responsibility for perpetrators towards child victims of sexual violence, and (3) future arrangements for providing restitution that fulfills the rights of child victims of violence. sexual. Type of normative juridical research with statutory, conceptual and case approaches. The research results show that (1) The right to receive restitution for child victims of sexual violence actually meets legal certainty. (2) Restitution is a form of legal accountability for perpetrators which generally accommodates the rights of children victims of sexual violence, namely: (i) The right to information, (ii) The right to documents resulting from treatment, (iii) The right to legal services, (iv) The right to psychological strengthening, (v) The right to health services. (3) Future arrangements for providing restitution in accordance with the rights of child victims of sexual violence need to be revised, namely in relation to Perma No. 1 of 2022, namely the need for comprehensive legal considerations regarding the provision of restitution for child victims of sexual violence, and court decisions as well as the need to revise various laws and regulations that discuss restitution for child victims of sexual violence. The conclusion is that providing restitution to guarantee the rights of children who are victims of sexual violence actually meets legal certainty and requires specific regulations to facilitate restitution practices in court institutions. 

How to Cite This Article

Hary Agus Suwandi, Fanny Tanuwijaya, YA Triana Ohoiwutun (2024).

Policy for implementing restitution sanctions for children who are victims of sexual violence

. International Journal of Social Science Exceptional Research (IJSSER), 3(4), 01-10.

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