Journal of Strafvordering Indonesian
Vol. 3 No. 3 (2026): JOSI - JULY

VICTIM PROTECTION IN THE CRIMINAL LEGAL SYSTEM: A RIGHTS-BASED JUSTICE APPROACH

Mawarni Fatma (Universitas Gajah Putih Takengon)



Article Info

Publish Date
27 Jul 2026

Abstract

The Indonesian criminal law system has historically been more oriented towards punishing perpetrators of crimes, so that the position of victims in the judicial process is often marginalized and their rights are not adequately fulfilled. The colonial legacy paradigm that positions the state as the injured party renders victims merely witnesses or pieces of evidence, rather than legal subjects with a direct interest in their recovery. This article aims to critically examine how victim protection can be realized through a rights-based justice approach within the framework of Indonesian criminal law, particularly following the enactment of Law Number 1 of 2023 concerning the Criminal Code. This study uses a normative juridical method with a legislative and conceptual approach, supported by secondary data in the form of laws and regulations, court decisions, and recent academic literature. The results of the study indicate that although legal instruments such as the right to restitution, compensation, rehabilitation, and physical and psychological protection have been regulated, their implementation still faces structural, cultural, and procedural obstacles, so that victims have not fully received proper redress. A rights-based justice approach offers a reorientation of the criminal justice paradigm from one centered on the state and perpetrators to one that positions victims as legal subjects with rights to participation, information, protection, and redress. This article recommends institutional strengthening, regulatory harmonization, and internalization of human rights-based restorative justice principles as strategic steps to achieve just and sustainable victim protection.

Copyrights © 2026






Journal Info

Abbrev

JOSI

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The journal publishes original articles on current issues and international trends in the field of criminal law. The purpose of the publication of this Journal is to provide a space to publish critical thinking on original research results, as well as conceptual ideas from academics, researchers, ...