Yulianto Dwi Putra
Universitas Negeri Gorontalo

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Tailoring Restitution for Child Victims of Criminal Offenses: Strengthening the Best Interests of the Child in Indonesian Criminal Justice Yulianto Dwi Putra; Fenty U. Puluhulawa; Suwitno Yutye Imran
International Journal of Sociology and Law Vol. 3 No. 4 (2026): November: International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v3i4.1068

Abstract

Restitution constitutes an important instrument for restoring the rights of children who become victims of criminal offenses. Nevertheless, the fulfillment of restitution cannot be reduced to the determination of a monetary amount because the consequences of criminal offenses against children vary according to the victim's age, psychological condition, family circumstances, educational needs, and prospects for future development. This study aims to analyze the concept of individualized restitution for child victims of criminal offenses and examine the integration of the best interests of the child principle into judicial consideration of restitution in Indonesia. This study employs normative juridical research using a statutory approach and a conceptual approach. Legal materials were obtained through legislation, judicial regulations, legal doctrines, and relevant scholarly literature and were analyzed qualitatively using descriptive-prescriptive analysis. The results demonstrate that the Indonesian legal framework has provided a relatively comprehensive basis for restitution through the Child Protection Law, the Witness and Victim Protection Law, Government Regulation Number 43 of 2017, the Sexual Violence Crimes Law, and Supreme Court Regulation Number 1 of 2022. However, the existing framework still requires a stronger child-centered interpretation because restitution tends to be approached primarily as compensation for measurable losses. Individualized restitution requires judges to consider the concrete circumstances of each child, including material losses, psychological suffering, medical and psychological treatment, educational disruption, future needs, and other consequences directly attributable to the offense. Integrating the best interests of the child into judicial reasoning would transform restitution from a merely compensatory mechanism into a victim-centered instrument of recovery and restorative justice.