Law & Pass : International Journal of Law, Public Administration and Social Studies
Vol. 3 No. 3 (2026): August

Child-Centered Justice in Domestic Sexual Violence Cases: A Doctrinal Analysis of Supreme Court Decision No. 243 K/Pid.Sus/2020

Widodo Ramadhana (Universitas Prima Indonesia)
Yohana Ayu Sartika Telaumbanua (Universitas Prima Indonesia)
Barryl Wilfred Joshua Rohtuahdo Purba (Universitas Prima Indonesia)
Ananda Safron (Universitas Prima Indonesia)



Article Info

Publish Date
31 Aug 2026

Abstract

Child sexual violence within the family presents a distinctive legal problem because the perpetrator may simultaneously occupy a position of trust, authority, and domestic power. This article examines Supreme Court Decision No. 243 K/Pid.Sus/2020 concerning sexual violence committed by a stepfather against his stepdaughter. The study uses doctrinal legal research with statutory, case, conceptual, and analytical approaches. Primary legal materials consist of the Supreme Court decision and relevant Indonesian legislation, while secondary materials include peer-reviewed scholarship on child sexual abuse, victimology, sentencing, and victim-centered justice. The analysis finds that the case demonstrates the importance of treating the child not merely as evidence in criminal proceedings but as a rights-bearing victim whose safety, dignity, recovery, and participation must inform judicial reasoning. The twelve-year imprisonment imposed in the case reflects recognition of the seriousness of repeated sexual violence within a domestic relationship. However, punishment alone does not exhaust the state's protection obligation. The contemporary legal framework, particularly the Child Protection Law and Law No. 12 of 2022 on Sexual Violence Crimes, requires a broader response encompassing confidentiality, psychosocial recovery, restitution, procedural protection, and prevention of secondary victimization. The article proposes a child-centered sentencing framework that connects accountability with victim recovery and institutional coordination.

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Journal Info

Abbrev

ojs

Publisher

Subject

Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Description

LAW & PASS: International Journal of Law, Public Administration and Social Studies is an open access scientific journal published by PT. Multidisciplinary Press Indonesia which contains studies in the fields of law, public administration and social studies both theoretically and empirically. The ...