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All Journal Jurnal Pendidikan Kewarganegaraan Undiksha
Kinasih, Naudy
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Education Social Sciences

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Pemenuhan Restitusi Korban Kekerasan Seksual Berdasarkan Pancasila Kinasih, Naudy; Kembara, Maulia Depriya
Jurnal Pendidikan Kewarganegaraan Undiksha Vol. 14 No. 1 (2026): Februari, Jurnal Pendidikan Kewarganegaraan Undiksha
Publisher : Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jpku.v14i1.62305

Abstract

This article was made on the grounds that cases of sexual violence are considered to need special attention, especially in the field of handling both at the investigation level and at the prosecution level. Victims of sexual violence are entitled to restitution or compensation which is one of the rights for victims of sexual violence based on Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence. The method used in this study is juridical normative and systematic literature review. The results showed that although the source was clearly mentioned, the realization of the right to compensation in cases of sexual violence did not cause serious problems. The resolution of these cases is still focused on a form of revenge for acts of violence against the perpetrator and seems to ignore the rights of the victim. In fact, Pancasila is not only a source of law, but also a tool to realize the human rights of all Indonesian people, including the right to compensation for victims of sexual violence. To achieve justice for all Indonesian people and carry out the practice of Pancasila that must be carried out, it is necessary to reorganise the Indonesian criminal law related to sexual violence, with a special focus on the implementation of compensation rights for victims of sexual violence. We hope that Pancasila's ideals can be realized and the nation's justice is not just wishful thinking.
Co-Authors Kembara, Maulia Depriya