Ekasakti Journal of law and Justice
Vol. 4 No. 2 (2026)

Victim-Oriented Justice in Criminal Responsibility for Child Sexual Violence: Analysis of Court Decisions

Williem Aditya Sion Purba (Universitas Internasional Batam)
Emiliya Febriyani (Universitas Internasional Batam)



Article Info

Publish Date
26 Sep 2026

Abstract

This study seeks to analyze the regulation of criminal liability for perpetrators of sexual violence against children within the framework of Indonesian positive law, examine its application in court decisions, and determine whether its implementation has reflected victim-oriented justice. The research is driven by the growing number of sexual violence cases involving children and the continuing lack of optimal protection for victims’ rights, particularly in relation to restitution and rehabilitation within criminal justice proceedings. The study applies a normative juridical method using statutory, conceptual, and case approaches. The data sources consist of primary and secondary legal materials that are examined through qualitative descriptive analysis. The findings reveal that criminal accountability for perpetrators of sexual violence against children has been comprehensively regulated under Law Number 35 of 2014 concerning Child Protection, Law Number 17 of 2016 concerning the Enactment of Government Regulation in Lieu of Law Number 1 of 2016, and Law Number 12 of 2022 concerning Sexual Violence Crimes. These legal provisions not only regulate criminal prohibitions and sanctions for offenders but also provide guarantees for victim protection and recovery through restitution, rehabilitation, and legal assistance. However, in judicial practice, the implementation of criminal responsibility remains more focused on punishing offenders than restoring victims’ rights. This is reflected in the Salatiga District Court Decision Number 2/Pid.Sus/2022/PN Slt, where the court established the elements of the offense convincingly but did not include restitution or rehabilitation for the child victim. Based on Lawrence M. Friedman’s theory, this condition indicates that victim protection has not yet been fully implemented effectively.

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Journal Info

Abbrev

law

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Ekasakti Journal of law and Justice is an peer-reviewed journal. This journal is managed by the Master of Law Program, Universitas Ekasakti. The purpose of EJLJ is as a medium of communication, information and legal science development. This journal contains studies in the field of law which are the ...