Criminal Legal Protection For Women And Children As Victims Of Sexual Violence In Indonesia: Normative And Empirical Analysis From A Restorative Justice Perspective

Abstract

Criminal legal protection for women and children who are victims of sexual violence cannot be assessed solely from the existence of criminal norms, but also from their implementation and the recovery of victims. This study analyzes criminal law regulation, the gap between das sollen and das sein, factors affecting law enforcement, and prevention and recovery strategies from a restorative justice perspective. The study employs a normative juridical approach using statutory, conceptual, and case approaches, complemented by secondary empirical data obtained from state institutions and credible online media reports. The findings show that the protection framework has been strengthened through the 1945 Constitution, the Child Protection Law, the Sexual Violence Crime Law, and the Witness and Victim Protection Law. Nevertheless, implementation remains constrained by limited institutional capacity, unequal services, evidentiary difficulties, stigma, victim blaming, and weak data integration and inter-agency coordination. Data from the National Commission on Violence Against Women recorded 376,529 gender-based violence cases against women in 2025, while sexual violence was the most frequently reported form in integrated service data. Case evidence also indicates that delayed handling and limited recovery services can prolong victims vulnerability. The study recommends strengthening institutional capacity, integrated victim services, restitution and rehabilitation mechanisms, and selective restorative justice practices while maintaining victim safety, consent, and the best interests of the child as primary principles.