Pelaksanaan Restitusi Bagi Anak Korban Tindak Pidana Kekerasan Seksual (Studi di Pengadilan Negeri Malang Kelas 1A)

Puteri, Moza Fernanda (2026) Pelaksanaan Restitusi Bagi Anak Korban Tindak Pidana Kekerasan Seksual (Studi di Pengadilan Negeri Malang Kelas 1A). Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

Children who are victims of sexual violence crimes are entitled to physical and psychological protection and recovery. One form of legal protection is obtaining the right to restitution. Government Regulation Number 43 of 2017 concerning the Implementation of Restitution for Children as Victims of Criminal Acts states that child victims have the right to obtain restitution, however, the implementation of restitution for child victims of criminal acts remains suboptimal. The problems examined in this thesis are how the implementation of restitution for child victims of sexual violence is carried out at the Class 1A Malang District Court, as well as the obstacles faced by the judges of the Class 1A Malang District Court and the efforts made in implementing restitution for child victims of sexual violence. This study employs a juridical-empirical research method using primary data obtained through interviews with judges at the Class 1A Malang District Court, along with secondary data consisting of legal materials containing legal norms related to the research topic. The collected data were analyzed descriptively and qualitatively. The results of the study indicate that the implementation of restitution for child victims of sexual violence at the Class 1A Malang District Court is still not optimal due to several obstacles in its implementation. These include the victim's lack of awareness regarding the right to restitution, the perpetrator's inability to pay the imposed restitution, and the absence of minimum and maximum limits for restitution in the regulations, which leads to discrepancies between the restitution requested and the amount granted. The author suggests that the Class 1A Malang District Court should be more active in conducting socialization regarding the procedures for requesting and granting restitution, and that regulatory improvements containing minimum and maximum restitution limits are needed to serve as guidelines for judges in handing down decisions. Keywords: Restitution, Child Victims, Sexual Violence

Item Type:

Thesis (Undergraduate)

Contributors: