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All Journal Jurnal Daulat Hukum Syarah: Jurnal Hukum Islam dan Ekonomi
Heriamariaty Heriamariaty
Universitas Palangka Raya
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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The Implementation of Restitution for Victims of Sexual Assault Against Children in Palangka Raya City Sitholabi Sitholabi; Heriamariaty Heriamariaty; Rizki Setyobowo Sangalang; Louise Theresia
Jurnal Daulat Hukum Vol 9, No 1 (2026): March 2026
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v9i1.51483

Abstract

The case of sexual intercourse against children is a serious crime that causes physical, psychological, and social impacts on the victim, so that the fulfillment of the right to restitution is a crucial element in legal protection for children, because it plays a role in the victim's recovery effort to return their condition as close as possible to the state before the crime occurred. This study aims to analyze the implementation of restitution for child victims of sexual intercourse in the jurisdiction of the Palangka Raya District Attorney's Office and examine the role and efforts of prosecutors in optimizing the implementation of restitution, including the factors that hinder it. The research method used is empirical legal research with a sociological juridical approach, which is carried out through a literature study of laws and court decisions, as well as interviews with relevant law enforcement officials, then analyzed qualitatively. The results of the study indicate that although restitution has been regulated normatively in various laws and regulations, its implementation has not been optimal due to the limited economic capacity of the perpetrator, the low understanding of victims and their families regarding the right to restitution, and the less than optimal coordination between prosecutors, law enforcement officials, and the Witness and Victim Protection Agency. This study concludes that optimizing restitution requires strengthening regulations, institutional readiness, and strong synergy between prosecutors, investigators, judges, and the LPSK so that protection can be realized effectively.
Asymmetry in Power Relations and the Role of the LPSK in Protecting Justice Collaborators: An Empirical Study of Criminal Cases Involving Law Enforcement Officials in Palangka Raya Herna Fitriani; Novea Elisya Mawarni; Fransisco Fransisco; Heriamariaty Heriamariaty; Mulida Hayati; Rico Septian Noor
Syarah: Jurnal Hukum Islam dan Ekonomi Vol. 15 No. 1 (2026): SYARAH : Jurnal Hukum Islam dan Ekonomi
Publisher : Fakultas Syariah Universitas Islam Negeri Sultanah Nahrasiyah Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/syarah.v15i1.7728

Abstract

This study was prompted by a criminal case in Palangka Raya City involving a cooperating witness (Justice Collaborator) who faced intimidation during the law enforcement process. This situation highlights asymmetrical power relations that potentially hinder investigations and reduce the effectiveness of legal protection. This study aims to analyze the legal considerations of the Witness and Victim Protection Agency (LPSK) in designating MH as a Justice Collaborator and to examine the role of the LPSK in providing protection during the trial process at the Palangka Raya District Court. Employing an empirical legal method with a qualitative approach, data were collected through interviews with an expert staff member of the LPSK’s Protection Bureau and the Chair of the Genta Keadilan Legal Aid Institute, who served as MH’s legal counsel. The findings indicate that MH’s designation as a Justice Collaborator was based on the fact that he was not the principal perpetrator, the importance of his testimony in uncovering the offense, his good faith, and the need for protection due to intimidation and psychological trauma. The protection provided by the LPSK includes physical, psychological, legal, and family protection, enabling the witness to testify freely and safely throughout the judicial process. Theoretically, this study reinforces research on the importance of protecting Justice Collaborators in power imbalances, demonstrating that legal protection effectiveness depends on institutional implementation rather than statutory norms alone. Practically, these findings serve as an evaluative basis for the LPSK and law enforcement to strengthen protection mechanisms in cases involving unequal power dynamics.
Co-Authors Fransisco Fransisco Herna Fitriani Louise Theresia Mulida Hayati Novea Elisya Mawarni Rico Septian Noor Rizki Setyobowo Sangalang Sitholabi Sitholabi