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Perlindungan Dan Pemulihan Hak Korban Tindak Pidana: Studi Viktimologi Dalam Sistem Peradilan Pidana Di Indonesia Audrian, Rachelya Putri; Vesca H, Lusya Najwa; Utami, Ria Anggraeni
Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan Vol. 2 No. 3 (2026): April - Juni
Publisher : GLOBAL SCIENTS PUBLISHER

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Abstract

This study analyzes the protection and restoration of the rights of victims of crime through a victimology perspective in the Indonesian criminal justice system, which is still centered on the perpetrator. Using a qualitative approach with a normative-empirical analysis of Law No. 13/2006 concerning Protection of Witnesses and Victims (PSK Law), KMA Regulation No. 4/2013, and restorative justice practices, this study reveals systemic weaknesses such as minimal financial compensation, slow psychosocial rehabilitation, and low victim participation in the judicial process. The study also shows that only a small proportion of victims receive adequate restorative rights, with significant disparities between types of crimes of sexual violence, corruption, and narcotics. Women and child victims are the most vulnerable groups due to secondary victimization from the formal legal process. The study recommends reforms through: (1) strengthening the Witness and Victim Protection Agency (LPSK) with direct executive authority, (2) integrating mandatory victim impact statements into judges' deliberations, (3) developing a digital-based one-stop center for integrated recovery, and (4) harmonizing restorative justice with a victimology approach based on victims' rights. This reform is expected to realize substantive justice that sides with victims as legal subjects, not merely passive witnesses in the Indonesian criminal justice system.
Viktimologi Dalam Kasus Kekerasan Berbasis Gender Online Di Indonesia Putri, Amanda; Nikmah, Sania Ulfatun; Ramadhania, Naura Putri; Utami, Ria Anggraeni
Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan Vol. 2 No. 3 (2026): April - Juni
Publisher : GLOBAL SCIENTS PUBLISHER

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Abstract

The development of digital technology has given rise to new forms of crime, one of which is online gender-based violence (OGBV), which is increasingly prevalent in Indonesia. This phenomenon demonstrates high vulnerability, particularly for women, as victims in the digital space. This study aims to analyze OGBV from a victimological perspective by highlighting the forms and characteristics of the crime, the vulnerability factors of victims, and available legal protections. The research method used is normative legal research with a legislative and conceptual approach, utilizing secondary data obtained through literature review. The results indicate that OGBV has specific characteristics, such as anonymity, easy spread, and long-term impacts due to digital traces that are difficult to erase. From a victimological perspective, victims experience not only material losses but also serious psychological and social impacts, exacerbated by the phenomena of victim blaming and revictimization. Although Indonesia has regulations in place, the implementation of legal protection for victims of OGBV remains suboptimal. Therefore, a more comprehensive and victim-oriented approach is needed to achieve effective legal protection and justice for victims in the digital era.