Yulestari, Risma
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Restitution Rights for Child Victims of Sexual Violence: Justice or Legal Certainty Yulestari, Risma; Fitriah Faisal; Dewi Ratna Sari Rustam; Handrawan Handrawan; Sitti Aisah Abdullah
JUSTISI Vol. 11 No. 3 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i3.4498

Abstract

The purpose of this study is to analyze the fulfillment of restitution rights for child victims of sexual violence from the perspective of justice and legal certainty, as well as to examine the obstacles that prevent these rights from being optimally fulfilled in legal practice. The method used is a normative legal approach with descriptive analysis. The novelty of this research is that it emphasizes the need for judges to automatically award compensation to child victims of sexual violence, without waiting for a request from the victim, in order to achieve justice and legal certainty. The results of the study show that although the right to restitution for child victims of sexual violence is regulated in various laws and regulations, its implementation is still far from optimal. This is due to complicated application procedures, the victims' lack of knowledge about their right to restitution, and weak law enforcement, as there are no strict sanctions for law enforcement officials who neglect their duties. Restitution as a form of compensation aims to restore the condition of the victim. However, in practice, this is often ignored by judges in deciding a case, especially if there is no request from the victim. This study highlights the importance of the active role of law enforcement officials in ensuring the fulfillment of the right to restitution without having to wait for a request from the victim, as well as the need for harmonization and confirmation of sanctions in legislation in order to realize justice and legal certainty for child victims of sexual violence. The conclusion is that even though there are various laws and regulations governing restitution, the fulfillment of the right to restitution for child victims of sexual violence still faces normative and practical obstacles in Indonesia. In practice, many judges do not consistently consider the right to restitution, so that victims do not receive adequate compensation, thereby hindering their recovery process. Legal uncertainty is also caused by weak sanctions for negligent law enforcement officials, which means that victim protection depends on individuals rather than the system. The state should make restitution a fundamental legal obligation rather than merely an option to ensure justice and legal certainty for victims.
The Erosion of Customary Authority and The Riset of Local Ulama In The Normalization of Unregistered Marriages In Indonesian Muslim Communities Salam, Safrin; Miqat, Nurul; Yulestari, Risma; Muhammed, Ibrahim Kayode; Odeh, Callistus
Mawaddah: Jurnal Hukum Keluarga Islam Vol 4 No 1 (2026): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v4i1.72

Abstract

This study examines the erosion of customary authority and the repositioning of local clerics in legitimizing unrecorded marriage in the Indonesian Muslim community in the context of legal pluralism and modernization. The research is directed to understand how the relationship between customary institutions, religious authorities, and state law reshapes the legitimacy of marriage and legal awareness in contemporary Islamic family law. This study uses a qualitative socio-legal approach based on legal anthropology and sociology of religion, with a comparative case study design on several Muslim communities in Indonesia where the practice of marriage is not recorded as still persisting. Data were collected through in-depth interviews, document analysis, and limited participatory observation. The results show that customary authorities are weakened due to modernization, bureaucratization of marriage administration, migration, generational change, and declining effectiveness of collective sanctions. In this situation, local clerics increasingly occupy a central position as determinants of the legitimacy of marriage through mosque-based authority, religious education networks, and moral leadership. This configuration gives birth to a layered legal landscape, where state law, customary practices, and religious norms coexist unequally, so that social legitimacy by scholars can outweigh weakened customary sanctions and uneven enforcement of state law. This study concludes that the normalization of marriage is not just an administrative failure, but a manifestation of a shift in normative authority in Indonesia's plural legal order. In practice, the study recommends strengthening cooperation between state institutions, indigenous actors, and scholars to improve marriage registration, strengthen legal awareness, and protect the rights of women, children, and families.