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Nurini Aprilianda
Universitas Brawijaya
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ENHANCING VICTIM-CENTERED JUSTICE THROUGH RESTITUTION: A FRAMEWORK FOR VICTIM IMPACT STATEMENTS IN CHILD SEXUAL VIOLENCE CASES Anang Riyan Ramadianto; Milda Istiqomah; Nurini Aprilianda
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 2 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i2.2572

Abstract

This study examines the role of the Victim Impact Statement (VIS) and restitution in safeguarding the rights of child victims of sexual violence within Indonesia’s criminal justice system. The research highlights the importance of VIS in providing victims with a formal avenue to express the physical, emotional, social, and economic impacts of crimes committed against them. The study adopts a normative juridical approach, analyzing statutory regulations and case law to assess the implementation of Supreme Court Regulation (PERMA) No. 1 of 2022. Comparative analysis with legal frameworks from other countries, such as the United States and Australia, underscores the necessity of institutionalizing VIS in Indonesia to align with international best practices. Findings reveal that while PERMA No. 1 of 2022 provides a legal foundation for restitution, significant challenges remain in terms of legal structure, substance, and culture, limiting its effectiveness. The study proposes a standardized VIS model tailored for child sexual violence cases to ensure clarity, consistency, and fairness in judicial decisions. Strengthening the legal framework, providing specialized training, and raising public awareness are crucial steps toward integrating VIS into Indonesia’s justice system. This research contributes to the broader discourse on victim-centered justice, emphasizing the need for systemic reforms to enhance legal protections for child victims.
THE PRINCIPLE OF THE BEST INTERESTS OF THE CHILD IN LAW ENFORCEMENT AGAINST CHILDREN WHO COMMIT RAPE Cindy Shafira; Prija Djatmika; Nurini Aprilianda
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2772

Abstract

Handling rape cases involving children as perpetrators has become a complicated issue within the juvenile justice system in Indonesia. This crime not only causes deep psychological wounds to the victims, who are also still children, but also presents complex legal issues in the law enforcement process against the perpetrators who are legally minors. The principle of "the best interests of the child," as stipulated in” Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA)” and “the Convention on the Rights of the Child”, emphasizes that the approach to children in conflict with the law should focus more on rehabilitation and protection rather than mere punishment. This research aims to deeply explore the underlying considerations of judges in adjudicating cases of rape committed by children, using a case study from the Pasir Pengaraian District Court's verdicts. Through normative legal research methods with a case study approach, it was found that the Judge in adjudicating the case had prioritized the principle of "the best interests of the child." Disparities in court rulings result from the juvenile justice system's uneven practical implementation, notwithstanding its normative orientation toward a restorative justice paradigm that prioritizes rehabilitation. To guarantee a more uniform, equitable, and really child-centered justice system, this study emphasizes the necessity of harmonizing and standardizing the application of the "best interests of the child" principle across the entire legal procedure.
RESTITUTION FOR CHILD VICTIMS OF CRIME IN ACCORDANCE WITH THE PRINCIPLES OF PROPORTIONALITY AND THE BEST INTERESTS OF THE CHILD Ashifa Yona; Nurini Aprilianda; I Nyoman Nurjaya
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2956

Abstract

Children, as a vulnerable group, are frequently victims of crimes that may result in serious physical, psychological, and social impacts. One recognized recovery mechanism in Indonesian law is restitution. However, its implementation has not met ideal expectations. Using a socio-legal approach, this study aims to analyze the effectiveness of restitution for child victims, emphasizing the importance of the principles of proportionality and restorative justice. Two case studies reveal inconsistencies for example, a child involved in petty theft was sentenced to prison without adequate rehabilitative measures, while a victim of sexual violence received no restitution despite the perpetrator receiving a severe sentence. These findings reflect the reality that restitution remains a marginalized component of victim recovery, both structurally and normatively. Therefore, reforms in the juvenile criminal justice system are urgently needed, including simplifying procedures, strengthening relevant institutions, and establishing a compensation fund for victims. All these efforts aim to ensure that restitution is proportional, just, and genuinely aligned with the best interests of the child.
BASIS FOR JUDGES TO ADJUDICE IMMANTARIL COMPENSATION THAT CAN BE GIVEN TO VICTIMS IN RESTITUTION FOR CRIMINAL ACTS OF SEXUAL VIOLENCE BY CHILD PERPETRATORS Yola Eska Afrina S; Nurini Aprilianda; Lucky Endrawati
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.4009

Abstract

Immaterial restitution for victims of Sexual Violence (TPKS) is an increasingly pressing issue in the criminal justice system. Although there are legal provisions governing victims' rights to receive compensation for non-material losses, court practice shows that the application of immaterial restitution in judges' decisions is still very limited. This causes immaterial restitution, an important aspect for victims accommodated in the justice system, but is often overlooked. This study aims to explore the basis used by judges in adjudicating immaterial restitution, as well as the guidelines that serve as a reference in the decision-making process. Understanding the basis for judges adjudicating immaterial restitution and the legal guidelines in making decisions is intended to ensure that judges' positions and powers to grant victims' rights can be freely used to adjudicate immaterial restitution in accordance with law and justice. Using a normative juridical approach, this study analyzes court decisions related to immaterial restitution, in order to identify the legal principles underlying judges' decisions. Through a review of various court decisions, this study found that there is a lack of clarity in the legal guidelines governing immaterial restitution, resulting in variations in their application by judges. Furthermore, this study also revealed that judges' understanding of the psychological and social impacts experienced by victims significantly influences their decisions. The lack of adequate training and resources for judges in this regard is a hindering factor. The results of this study are expected to contribute to the development of clearer and more comprehensive guidelines regarding immaterial restitution, as well as to encourage judges' increased understanding of the importance of this aspect in the judicial process. Thus, it is hoped that victims' rights can be recognized and protected more effectively, so that justice can be achieved not only through law enforcement against perpetrators, but also through appropriate reparations for victims.
FORMULATION OF CRIMINAL LAW POLICY REGARDING NIHIL VERDICTS IN INDONESIAN CRIMINAL COURTS Hensi Septia Utami; Nurini Aprilianda; Faizin Sulistio
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4091

Abstract

The verdict of acquittal in the application of law enforcement still has problems, namely the existence of a conflict of norms or a regulatory gap, whereby Article 193 of the Criminal Procedure Code "orders" judges to impose a sentence if the defendant is proven guilty. However, Article 67 of the Criminal Code, which refers to the types of basic penalties in Article 10 of the Criminal Code, "prohibits" the imposition of penalties if the defendant has already been sentenced to death or life imprisonment. This conflict of norms or regulatory gap creates a dilemma for judges in enforcing the law. This research is a normative type of research , using a statute approach, a conceptual approach, and a case approach, as well as primary, secondary, and tertiary law, and a prescriptive analysis method. This study discusses two main issues, namely the Regulation of Nil Verdicts in Indonesian Criminal Procedure Law and the Ideal Regulation Related to the Concept of Nil Verdicts in Indonesian Criminal Procedure Law in the Future.
JURIDICAL STUDY ON THE CONCEPT OF JUDICIAL PARDON AND VICTIM PROTECTION IN JUVENILE CASES: ANALYSIS OF DECISION NUMBER 2/PID.SUS-ANAK/2021/PN RGT Rani Adriana; Nurini Aprilianda; Sriti Hesti Astiti
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i4.4111

Abstract

Abstract
IMPLICATIONS OF PERSONAL DATA LEAKS FROM THE PUBLICATION OF JUDICIAL DECISIONS IN THE SUPREME COURT DECISION DIRECTORY ON PERSONAL DATA PROTECTION Roni Evi Dongoran; Nurini Aprilianda; Faizin Sulistio
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4450

Abstract

The publication of court decisions in the Indonesian Supreme Court Decision Directory is a form of public information disclosure. However, in practice, these publications often contain the personal data of the parties involved, such as their National Identification Number, full address, and the identity of victims, even in cases where this information should be redacted. This situation creates the potential for personal data leaks that could open up opportunities for information misuse, violate privacy rights, and pose security risks. This study aims to analyze the implications of personal data leaks originating from the publication of court rulings in the Supreme Court's ruling directory on personal data protection in the era following the enactment of Law-Law Number 27 of 2022 concerning Personal Data Protection and the issuance of the Supreme Court Chief Justice's Decree Number 2-144/KMA/SK/VIII/2022 concerning Public Information Service Standards in Courts. The research method used is normative juridical with a legislative, case analysis, and conceptual approach, supplemented by a study of examples of publicly published decisions. The results of the study show that there are still discrepancies between the practice of publishing decisions and the obligation to protect personal data. These findings indicate the need to strengthen editorial policies, obscuring standards, and internal monitoring mechanisms so that the openness of judicial information does not sacrifice the privacy rights of the public. This study is expected to contribute to improving the governance of decision publication and strengthening the personal data protection regime in Indonesia.
THE HARMONIZING INSTITUTIONAL AUTHORITY TO DETERMINE STATE FINANCIAL LOSSES IN CORRUPTION CASES Dian Devananda Akbar; Prija Djatmika; Nurini Aprilianda
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4684

Abstract

The disharmony in authority among various institutions including the Supreme Audit Agency (BPK), the Government Internal Supervisory Apparatus (BPKP), the Corruption Eradication Commission (KPK), Inspectorates, Regional Apparatus Work Units (SKPD), Public Accountants, and Judges in calculating state financial losses in corruption crime cases has led to legal uncertainty and debates over which institution holds the legitimate authority to determine such losses. Through juridical, philosophical, and sociological analysis, this study finds that the source of disharmony lies in the ambiguous norms of the Corruption Crime Law, which does not explicitly designate a single institution authorized to determine state losses. Based on its constitutional position, this research asserts the urgency of establishing BPK as the sole institution authorized to calculate state losses, accompanied by vertical harmonization of the roles of other institutions, strengthening of BPK's institutional capacity, standardization of audit methodologies, and a reaffirmation of corruption as a serious crime requiring evidentiary certainty. This study concludes that harmonizing authorities is an urgent step to strengthen the effectiveness and integrity of corruption law enforcement while enhancing public trust in Indonesia's anti-corruption mechanisms.
LEGAL PROGRESSIVENESS TOWARDS THE RIGHTS OF VICTIMS OF SEXUAL VIOLENCE Febi Karina; Nurini Aprilianda; Lucky Endrawati
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 1 (2026): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21212372

Abstract

Legal protection for victims of sexual violence is a crucial element in a modern criminal justice system focused on substantive justice and victim recovery. Law Number 12 of 2022 concerning Sexual Violence Crimes has introduced the strengthening of victims' rights through restitution mechanisms and the Victim Assistance Fund as a form of accountability for perpetrators and the state. However, in criminal justice practice, problems persist when requests for restitution are not submitted by investigators or public prosecutors, thus limiting judges' ability to fulfill victims' rights. This study aims to analyze the rights and authorities of law enforcement officers in submitting restitution requests and to examine the mechanisms and procedural law for fulfilling victims' restitution rights that are not submitted in court. The research method used is normative legal research with a statutory and conceptual approach. The results show that although the normative framework for restitution is regulated in the TPKS Law and Government Regulation Number 29 of 2025, the procedural law is still not comprehensive. However, Supreme Court Regulation Number 1 of 2022 provides space for an active and progressive role for judges in ensuring the fulfillment of victims' restitution rights. This research emphasizes the urgency of harmonizing regulations and strengthening the role of the state in the recovery of victims of sexual violence.
THE PARADOX OF CHILD SENTENCING IN MURDER CASES: CRITIQUING THE 'BEST INTERESTS OF THE CHILD' PRINCIPLE IN INDONESIAN COURTS. Denny Ardian Priambodo; Nurini Aprilianda; Milda Istiqomah
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 1 (2026): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21157721

Abstract

Criminal offenses are no longer committed only by adults, but also by children, along with the development of technology and social dynamics. Indonesia, through Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, provides protection for children in conflict with the law. However, in practice there are still court decisions considered not to have fully applied the principle of the best interests of the child, such as the decision of the Penajam District Court imposing a 20-year sentence and the Lamongan District Court imposing an 11-year sentence. This research is a normative juridical study using a statutory and conceptual approach through library research. The results show that: (1) judges’ considerations are based on both juridical and non-juridical aspects; (2) the application of the best interests of the child principle has not been consistent and has not been fully oriented toward social reintegration; (3) sentencing that is not in accordance with the provisions of the Juvenile Criminal Justice System Law has the potential to damage the child’s future and hinder the fulfillment of the child’s rights, in line with Arif Gosita’s concept of child protection. By examining these two decisions, it becomes important to emphasize that it is recommended to optimize restorative justice, improve the quality of guidance and rehabilitation in Juvenile Development Institutions and Correctional Centers, and strengthen inter-agency collaboration, including the active involvement of child psychologists in court proceedings.
Co-Authors A. Kadir, Nadhilah Abda Abda Abdul Madjid Abdul Madjid Abdul Madjid Abdul Madjid Abdul Majid Adi Kusumaningrum Agusta, Dika Ahmad Fauzi Ahmad Fauzi Al-Uyun, Dhia Alfons Zakaria Anang Riyan Ramadianto Anang Riyan Ramadianto Andika Dian Tetuko Anindita, Raras Natasya Ansori, Ansori Ardi Ferdian Arief Rahman Mahmoud Ashifa Yona Bagaskoro, Ladito Risang Bambang Sugiri Bambang SUGIRI Bambang Sugiri Chyntia Vindy Rahmani Cindy Shafira Denny Ardian Priambodo Dewi, Riska Ameliana Dian Devananda Akbar Didik Purnomo, Didik Dwi Ayu Rachmawati Endriyanti, Megah Novita Erny Herlin Setyorini Fachrizal Afandi Faizin Sulistio Faizin Sulistio Faizin Sulistio Faizin Sulistio Faizin Sulistyo Faizin Sulistyo Faizin Sulistyo Fatiha Gourari Febi Karina Febrianika Maharani Fibriansyah, Ryan Ilham Frilia Shafitri Hardi G. Gunawan Guntur Aris Prabowo Hanif Hartadi Harini, Novitasari Dian Phra Hartadi, Hanif Hartato Pakpahan Hensi Septia Utami Herman Suryokumoro Heru R. HADI Heru Ratno Hadi I Nyoman Nurjaya I Nyoman Nurjaya I Nyoman NURJAYA I NYOMAN NURJAYA Ifahda Pratama Hapsari Imera Azzahra Alivia Imtina, Salma Salsabila Indriana Prima Puspita Sari Ismail Navianto Istislam, - Joko Cahyono Julisa Aprilia Kaluku Kadek Wiwik Indrayanti Kadir, Nadhilah A. Krisna, Liza Agnesta Lucky Endrawati Lucky Endrawati Lucky MH SH. Endrawati Luth, Thohir Luth, Thohir Machmud, Aris Megah Novita Endriyanti Milda Istiqomah Milda Istiqomah Mubarok, Djihadul Mufatikhatul Farikha Mufatikhatul Farikha, Mufatikhatul Mufatikhatul Farikhah Mulyono, Bambang Hery Nababan, Anisa Magdalena Nadhilah A. Kadir Nadzriah Ahmad Nani Susilowati Noerdajasakti, Setiawan Novalia Pertiwi Pradana, Indra Kurnia Okta Prastiti Siswayani Prastiti Siswayani Pratama, I Gusti Agung Ananta Pratama, I Gusti Ananta Prawati, Linda Prema, I Ketut Arjuna Satya Priadi, Randy Hilman Prija Djatmika Prija Djatmika Prija Djatmika Prija Djatmika, Prija Putra, Wava Akhirta Ramadianto, Anang Riyan Rani Adriana Rohmat Rohmat Rohmat rohmat Rohmat Rohmat Roni Evi Dongoran Ruba'i, Masruchin Ruba?I, Masruchin Ruba’I, Masruchin Ryan Ilham Fibriansyah Ryan Ilham Fibriansyah Ryan Ilham Fibriansyah Samsul Huda Asrori Satya Prema, I Ketut Arjuna Setiawan Noerdajasakti Setiawan Noerdajasakti, Setiawan Setiawan Nurdayasakti Shinta Ayu Purnamawati Siagian, Nurul Inayah Silfiah, Rossa Ilma Siti Noer Endah Situmorang, Septriono Solehuddin Solehuddin Sriti Hesti Astiti St. Fatima Sudarsono SUDARSONO Sugiri, Bambang Sugiri, Bambang Suhariningsih Sulistiyo, Faizin Sulvia Triana Hapsari Sulvia Triana Hapsari Sulvia Triana Hapsari Suwitno Yutye Imran Syihabuddin Tanaem, Jerymia Seky Tohom Hasiholan Widyanti, Yeni Eka Yola Eska Afrina S yuliani, anggi ari