Analisis Yuridis tentang Pemenuhan Hak Restitusi terhadap Anak Korban Tindak Pidana Kekerasan Seksual (Studi Putusan Nomor. 5/Pid.Sus-Anak/2022/PN.Dpk., Putusan Nomor.27/Pid.Sus-Anak/2023/PN.Smn, Putusan Nomor.164/Pid.Sus/2023/PN.Ptk)

Abstract

The protection of children from sexual violence is a serious issue that negatively impacts a child’s physical and psychological development. Therefore, restitution is necessary, not only to provide financial compensation to victims but also to support the physical, mental, and social recovery of child victims. As a form of the perpetrator's legal responsibility, this restitution includes the costs of medical and psychological rehabilitation needed to help child victims recover from the severe trauma caused by sexual violence. The issues discussed in this thesis are: What is the legal framework for sexual violence against children in Indonesia? What is the concept of legal regulation on restitution in cases of sexual violence against children in Indonesia? How is restitution implemented in cases of sexual violence against children in Decisions Number: 5/Pid.Sus-Anak/2022/PN.Dpk, Number: 27/Pid.Sus-Anak/2023/PN.Smn, and Number: 164/Pid.Sus/2023/PN.Ptk? The research method used in this thesis is normative juridical, examining positive law in Indonesia through literature studies and secondary data as legal material. This research is descriptive-analytic. The findings of this thesis indicate that legal provisions regarding restitution for child victims of sexual violence in Indonesia are regulated through Law Number 31 of 2014, Law Number 35 of 2014, and Supreme Court Regulation Number 1 of 2022. The implementation of restitution for child victims of sexual violence still faces various obstacles and challenges, both legally and socially. The case studies of Decisions Number: 5/Pid.Sus-Anak/2022/PN.Dpk, Number: 27/Pid.Sus-Anak/2023/PN.Smn, and Number: 164/Pid.Sus/2023/PN.Ptk analyzed in this research reveal differences in judicial considerations in granting restitution for child victims, reflecting the complexity of law enforcement concerning child sexual violence in Indonesia.