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All Journal JURNAL USM LAW REVIEW International Journal of Social Science, Educational, Economics, Agriculture Research, and Technology (IJSET)
Nurlaila Kadarwati Papuluwa
Universitas Khairun Ternate
Agriculture, Biological Sciences & Forestry Humanities Computer Science & IT Economics, Econometrics & Finance Education Social Sciences

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The Effectiveness of Restitution Fulfillment for Children as Sexual Crime Victims: A Study in the North Maluku High Prosecutor’s Office Faissal Malik; Muhammad Amin Hanafi; Nurlaila Kadarwati Papuluwa; Arief Budiono
JURNAL USM LAW REVIEW Vol. 7 No. 3 (2024): DECEMBER
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/julr.v7i3.10325

Abstract

 This paper aims to analyze the implementation of restitution right fulfillment for children as sexual crime victims in the legal area of the North Maluku High Prosecutor’s Office, Indonesia and the challenges in fulfilling these rights. Restitution is compensation given to the victim by the perpetrator of the crime or a third party and is an effort to guarantee the rights of victims. There was an issue where restitution rights were seldom strived for by law enforcers. Another problem is that society lacks knowledge of the existence of restitution rights. This paper is urgent because it may provide information on why these issues exist and how to resolve them in order to give victims their rights. This was empirical research which employed the statute approach and the case approach. In this paper, the live case study was applied. Results showed that the restitution fulfillment of children as sexual crime victims in the North Maluku High Prosecutor’s Office was still suboptimum as there was only one case in 2022 where the general prosecutor strived to demand restitution. The restitution is regulated in Governmental Regulation No. 43 of 2017 and Guidelines Supreme Court No. 1 of 2021. Law enforcing apparatuses and social institutions need to organize an education program for society on restitution rights for children as sexual crime victims in the North Maluku Province to increase their awareness. The application for restitution should be strived for by law enforcers starting from the investigation stage as more time is available.
RESTORATIVE JUSTICE LAW ENFORCEMENT OF THE NORTH MALUKU REGIONAL POLICE FORCE IN RESOLVING MINOR CRIMINAL OFFENSES AT THE INVESTIGATION STAGE Faissal Malik; Muhammad Amin Hanafi; Nurlaila Kadarwati Papuluwa; Arief Budiono
International Journal of Social Science, Educational, Economics, Agriculture Research and Technology (IJSET) Vol. 5 No. 10 (2026): SEPTEMBER
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.22858690

Abstract

Law enforcement within the criminal justice framework should be implemented through a restorative justice approach. Restorative justice can be applied to minor offenses, subject to clearly defined limitations and parameters in accordance with prevailing laws and regulations. At the investigation stage, this approach entails resolving minor criminal cases by focusing on restoring the situation to its original state; this process relies on the participatory mediation to formulate a peace agreement facilitated by the investigator. The research employs an empirical legal method (ius operatum). The data utilized consists of both primary and secondary sources. Research findings indicate that the enforcement of restorative justice—specifically regarding the resolution of minor criminal offenses at the investigative stage within the North Maluku Regional Police—has been quite effective. Guided by Indonesian National Police Regulation Number 8 of 2021, eight cases were resolved via restorative justice between May 2024 and 2025. Many perpetrators and victims resolved their cases amicably, ensuring victims received restitution while perpetrators were given the opportunity to rectify their wrongdoing. The achievement of mutual agreements between the parties demonstrates the effective functioning of the restorative justice process. Challenges related to its application regards difficulties in bringing the parties together; perpetrators failing to compensate for material losses; and a lack of public acceptance of the restorative justice concept.
Co-Authors Arief Budiono Faissal Malik Hanafi, Muhammad Amin