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Implementation of Legal Protection for Child Victims of the Crime of Sexual Intercourse in terms of the Fulfillment of the Right to Restitution

Indonesian Journal of Advocacy and Legal Services · Vol. 4 No. 2 (2022) · pp. 275–294

DOI
10.15294/ijals.v4i2.29825
ISSN
2686-2611, 2686-2085
Published
2022-09-30
Publisher
Universitas Negeri Semarang
Language
eng
License
creativecommons.org/licenses/by-nc-sa/4.0

Abstract

The fulfillment of the right of restitution against child victims of criminal acts is regulated in Article 71 letter d of Law Number 35 of 2014 concerning Child Protection. In order to make it easier for victims to get compensation without having to go through the usual civil lawsuit process, the state provides a way through merging cases of compensation claims to criminal cases regulated in Articles 98-101 of the Criminal Procedure Code. In fact, the fulfillment of the right of restitution as stated in the provisions has never been implemented. This study aims to analyze the implementation of legal protection for child victims of the crime of sexual intercourse in terms of the fulfillment of the right of restitution and find the formulation of the concept of legal protection which is expected to be able to provide legal protection through the fulfillment of the right of restitution in the future. This study uses a normative juridical research method, with a law approach and a case approach. The results of this study are: 1) Legal protection in the form of fulfilling victims' restitution rights, especially in the Gorontalo District Court in practice has not been implemented properly. This is because victims do not know their rights in Article 98 of the Criminal Procedure Code, and the lack of regulation and authority of law enforcement officers in determining the amount of immaterial losses. 2) In order to realize the optimal fulfillment of victims' restitution rights, the provisions regarding restitution in the Witness and Victim Protection Law should be stated in the Criminal Procedure Code so that there is a harmony of arrangements regarding the submission procedure and other provisions regarding restitution. The Draft Criminal Procedure Code must also contain coercive power for the defendant to pay compensation to the victim.

Keywords

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Mohamad Rivaldi MohaAffiliation unknown2
Dian Ekawaty IsmailAffiliation unknown2
Nadzriah AhmadAffiliation unknown1
Andika Wardhana MachmudAffiliation unknown1

Affiliations come from OpenAlex; journal OAI-PMH metadata carries none. Authors without an OpenAlex ID are matched by name, which can merge or split people.

Metadata source: OAI-PMH (metadata jurnal) https://journal.unnes.ac.id/journals/ijals/oai, first harvested 5 Nov 2026, last seen 8 Nov 2026.
Original metadata (oai_dc) 
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	<dc:title xml:lang="en">Implementation of Legal Protection for Child Victims of the Crime of Sexual Intercourse in terms of the Fulfillment of the Right to Restitution</dc:title>
	<dc:creator xml:lang="en">Mantali, Avelia Rahmah Y</dc:creator>
	<dc:subject xml:lang="en">Juvenile   Justice,   Child   Protection,   Intercourse   Crime, Restitution, Criminal Justice System</dc:subject>
	<dc:description xml:lang="en">The fulfillment of the right of restitution against child victims of criminal acts is regulated in Article 71 letter d of Law Number 35 of 2014 concerning Child Protection. In order to make it easier for victims to get compensation without having to go through the usual civil lawsuit process, the state provides a way through merging cases of compensation claims to criminal cases regulated in Articles 98-101 of the Criminal Procedure Code. In fact, the fulfillment of the right of restitution as stated in the provisions has never been implemented. This study aims to analyze the implementation of legal protection for child victims of the crime of sexual intercourse in terms of the fulfillment of the right of restitution and find the formulation of the concept of legal protection which is expected to be able to provide legal protection through the fulfillment of the right of restitution in the future. This study uses a normative juridical research method, with a law approach and a case approach. The results of this study are: 1) Legal protection in the form of fulfilling victims' restitution rights, especially in the Gorontalo District Court in practice has not been implemented properly. This is because victims do not know their rights in Article 98 of the Criminal Procedure Code, and the lack of regulation and authority of law enforcement officers in determining the amount of immaterial losses. 2) In order to realize the optimal fulfillment of victims' restitution rights, the provisions regarding restitution in the Witness and Victim Protection Law should be stated in the Criminal Procedure Code so that there is a harmony of arrangements regarding the submission procedure and other provisions regarding restitution. The Draft Criminal Procedure Code must also contain coercive power for the defendant to pay compensation to the victim.</dc:description>
	<dc:publisher xml:lang="en">Universitas Negeri Semarang</dc:publisher>
	<dc:date>2022-09-30</dc:date>
	<dc:type>info:eu-repo/semantics/article</dc:type>
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	<dc:identifier>https://journal.unnes.ac.id/journals/ijals/article/view/29825</dc:identifier>
	<dc:identifier>10.15294/ijals.v4i2.29825</dc:identifier>
	<dc:source xml:lang="en">Indonesian Journal of Advocacy and Legal Services; Vol. 4 No. 2 (2022): Mainstreaming Justice through Advocacy in Various Aspects; 275-294</dc:source>
	<dc:source>2686-2611</dc:source>
	<dc:source>2686-2085</dc:source>
	<dc:source>10.15294/ijals.v4i2</dc:source>
	<dc:language>eng</dc:language>
	<dc:relation>https://journal.unnes.ac.id/journals/ijals/article/view/29825/4865</dc:relation>
	<dc:rights xml:lang="en">https://creativecommons.org/licenses/by-nc-sa/4.0</dc:rights>
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