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Analisis Yuridis Putusan Hakim Dalam Pemberian Restitusi Kepada Terpidana Dalam Kasus Kekerasan Seksual Terhadap Anak (studi Putusan Nomor 989/pid.sus/2021/pn Bdg

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Women and children are potential and assets for national development. However, in reality, in the life of society, nation, and state, women and children are still groups that are vulnerable to discriminatory treatment and various acts of violence. Sexual violence against children has damaging long-term consequences, including psychological disorders such as depression, anxiety, and eating disorders. Children who experience sexual abuse are also vulnerable to behavioral problems, low self-esteem, and difficulty in forming healthy interpersonal relationships, these impacts can last into adulthood. Restitution is compensation given to the victim or their family by the perpetrator or a third party as regulated in Article 1 Number 11 of Law of the Republic of Indonesia Number 31 of 2014 concerning Protection of Witnesses and Victims. Not only that, specifically for children who are victims of sexual violence, it has also been regulated as the implementation of restitution for children who are victims of crime, namely Government Regulation Number 43 of 2017 concerning the Implementation of Restitution for Children Who Are Victims of Crime. This study aims to analyze the Regulation of Restitution for Children as victims of sexual violence and also what are the legal considerations of judges in granting restitution to victims of sexual violence against children in Decision Number 989/Pid.Sus/2021/Pn Bdg. The research method used in this study is normative legal research. The approach method used uses 3 approaches, namely the legislative approach, literature study, and interviews. The data collection tools used are primary, secondary, and tertiary legal materials. The data collection procedure or data collection is document study and decision analysis. The data analysis used is qualitative analysis. The results of the study can be concluded that First, victims of sexual violence have the right to submit Restitution to the Panel of Judges in accordance with the provisions of applicable laws and regulations. And second, the judge determines the amount of restitution that must be paid by the convict to the victim. By considering the legal aspects based on the evidence and facts revealed in the trial as well as nonlegal considerations, the panel of judges gave an aggravating principal sentence for three aggravating reasons, namely that the children of the victims received less attention and affection from their parents, causing trauma to the children of the victims and the parents of the victims, and defaming the Islamic boarding school institution.

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231021009

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Ilmu Hukum : Universitas Islam Riau., 2025

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ilham

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