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Mekanisme Mekanisme Pemberian Dana Bantuan Korban Dalam Undang-Undang Nomor 12 Tahun 2022 Tentang Tindak Pidana Kekerasan Seksual Triana Putri; Aria Zurnetti; Felia Hermayenti
Lareh Law Review Vol. 4 No. 1 (2026): Lareh Law Review
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/llr.4.1.60- 73.2026

Abstract

The number of sexual violence cases in Indonesia continues to experience a significant annual increase. Law Number 12 of 2022 concerning the Criminal Act of Sexual Violence introduces the concept of the Victim Trust Fund (VTF) as a new breakthrough in victim recovery. The VTF is a state compensation fund granted when the perpetrator is unable to fulfill their restitution obligations. However, various issues persist within its implementing regulation, namely Government Regulation Number 29 of 2025. The disbursement of the VTF remains dependent on a court decision, which potentially hinders victims from accessing their rights. Furthermore, there is a lack of clarity regarding funding sources, victim criteria, and recovery financing. Based on this background, the research questions of this study are: 1) How is the mechanism for providing the victim trust fund regulated under Law Number 12 of 2022 concerning the Criminal Act of Sexual Violence and Government Regulation Number 29 of 2025 concerning the Victim Trust Fund? 2) What are the limitations in providing the victim trust fund under Law Number 12 of 2022 concerning the Criminal Act of Sexual Violence and Government Regulation Number 29 of 2025 concerning the Victim Trust Fund? 3) How well does the mechanism for providing the victim trust fund align with the principles of victim protection? This study employs a normative juridical method utilizing a statutory approach, a conceptual approach, and a comparative approach with regulations in the Netherlands. The data used consists of secondary data comprising primary, secondary, and tertiary legal materials. The results indicate that the regulation of the VTF in the UU TPKS and Government Regulation Number 29 of 2025 represents an advancement in victim protection by providing financial rights certainty that does not entirely depend on the perpetrator's economic status. However, several weaknesses remain: 1) The fund disbursement mechanism heavily relies on court decisions, which are time-consuming and thus hinder the victims' emergency recovery; 2) There is a lack of clarity regarding subjective, objective, and substantive limitations, such as the absence of a definition for the victim's heirs, vague criteria for being "unable to pay restitution," and the lack of a maximum cap on the trust fund; 3) The current mechanism does not fully align with the victim protection principles set forth by the 1985 UN Declaration. Keywords : Restitution, Sexual Violence, Victim Protection, Victim Trust Fund