The Legal Position Of Restorative Justice In The Settlement Of Sexual Violence Criminal Cases: An Analysis Of Police Regulation Of The Republic Of Indonesia Number 8 Of 2021 And Law Number 12 Of 2022 Concerning Sexual Violence Crimes

Abstract

The increasing number of sexual harassment cases in Indonesia indicates that the resolution of such cases can no longer be solely oriented toward punishing perpetrators, but must also ensure the protection, recovery and fulfillment of victims’ rights. On the other hand, the development of the concept of Restorative Justice within the criminal justice system has raised debates regarding its possible application in sexual harassment cases. The research findings indicate that the implementation of Restorative Justice in sexual harassment cases is subject to strict limitations under Law Number 12 of 2022. The resolution of cases cannot be based solely on a peace agreement between the perpetrator and the victim if such an agreement has the potential to undermine the victim’s rights to justice, protection and recovery.