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All Journal Bengkoelen Justice : Jurnal Ilmu Hukum SCLS
Rd. Muhammad Ikhsan
Faculty of Law, Universitas Sriwijaya
Law, Crime, Criminology & Criminal Justice

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FROM PUNISHMENT TO RECOVERY: OPTIMIZING RESTITUTION IN JUDICIAL DECISIONS ON SEXUAL VIOLENCE CASES Jea Meysa Maharani Riyadi Putri; Rd. Muhammad Ikhsan; Arya Mandala
Sriwijaya Crimen and Legal Studies Volume 4 Issue 1 June 2026
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v4i1.5770

Abstract

Sexual violence is a human rights violation that causes physical, psychological, social, and economic harm to victims. In Indonesian criminal law, victim recovery is an essential aspect, one of which is realized through restitution as regulated in Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence. However, its implementation in judicial practice remains inconsistent. This study aims to analyze the position of restitution in judges’ considerations and assess its function as an instrument for restoring victims’ rights. Using normative legal research with statutory and case approaches, the study finds that restitution is often applied inconsistently and tends to depend on judges’ individual considerations. It is frequently limited to measurable material losses or omitted entirely, resulting in suboptimal victim recovery. This indicates that the victim recovery paradigm has not been fully implemented in criminal justice practice. Therefore, restitution needs to be reoriented as an integral component in adjudicating sexual violence cases to align with the principle of victim protection.
RESTORATIVE JUSTICE ON BLASPHEMY CASES: OVERVIEW OF THE PROSECUTORS ROLE AND LEGAL REFORM Rd. Muhammad Ikhsan; Hamonangan Albariansyah; Neisa Ang rum Adisti; Henny Yuningsih; Desia Rakhma Banjarani
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 14 No. 2 (2024): November 2024
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v14i2.32363

Abstract

The absence of a clear definition and limitation of blasphemy can threaten justice in law enforcement in Indonesia. This has an impact on the process of resolving the blasphemy cases. Thus, the settlement of the penal or the courts in the settlement of blasphemy cases is considered ineffective. Based on that background, the problems that will be raised in this research are: How is the criminal law reform related to blasphemy in Indonesia based on the concept of restorative justice? How can the Prosecutor's Office play a role in the reformulation of blasphemy based on the concept of restorative justice? This study uses a descriptive normative research method with a qualitative approach. The research approach used is the statutory approach.The results of the study show that law enforcement in blasphemy tends to lead to pros and cons. This is due to problems with the regulation of blasphemy in Indonesia. There is no concrete definition of blasphemy and limitation on blasphemy in various laws in Indonesia. Therefore, there is a need for reformulation of blasphemy in Indonesia, one of which is through non-penal ways based on the concept of restorative justice by Law Enforcement Officials in Indonesia, one of which is the Prosecutor's Office. The reformulation is by: reforming legal regulations and provisions in the National Criminal Code and Draft of Criminal Procedure (RKUHAP); reformulation of administrative sanctions; and reformulation through penal mediation. Keywords: Blasphemy, Prosecutor's Office, Restorative Justice.  
Co-Authors Arya Mandala Desia Rakhma Banjarani Hamonangan Albariansyah Henny Yuningsih Jea Meysa Maharani Riyadi Putri Neisa Ang Rum Adisti