ANALISIS YURIDIS RESPONSIBILITAS NEGARA TERHADAP PEMULIHAN HAK RESTITUSI ANAK KORBAN KEKERASAN SEKSUAL DALAM SISTEM PERADILAN PIDANA INDONESIA

Abstract

: Sexual violence against children constitutes a grave violation of human rights that causes not only physical and psychological suffering but also long-term harm to the future of child victims. Consequently, the State bears the obligation to ensure legal protection and comprehensive recovery through an effective restitution mechanism. This study examines the State's responsibility in fulfilling the restitution rights of child victims of sexual violence within the Indonesian criminal justice system and analyzes the juridical implications of the Supreme Court Decision Number 5642 K/Pid.Sus/2022 on the effectiveness of restitution enforcement. This research employs a normative legal research method using statutory, conceptual, case, and analytical approaches. Primary legal materials consist of legislation and court decisions, while secondary legal materials include scholarly books, academic journals, and other relevant legal literature. The collected materials are analyzed qualitatively through systematic legal interpretation and juridical reasoning. The findings demonstrate that Supreme Court Decision Number 5642 K/Pid.Sus/2022 strengthens the victim-oriented approach by imposing the death penalty, ordering restitution, confiscating the offender's assets, and regulating the care of child victims. Nevertheless, the implementation of restitution remains ineffective due to limited recoverable assets, weaknesses in enforcement mechanisms, insufficient inter-agency coordination, and the absence of a state-guaranteed compensation scheme when offenders are unable to fulfill their restitution obligations. These conditions indicate that the fulfillment of restitution rights has not yet fully reflected the State's constitutional responsibility to ensure comprehensive victim recovery. Therefore, stronger legal regulations, more effective enforcement mechanisms, enhanced institutional coordination, and the establishment of a state-funded restitution guarantee are required to ensure that the restitution rights of child victims of sexual violence are realized fairly, effectively, and sustainably.

Keywords: State Responsibility; Restitution; Child Victims Of Sexual Violence; Child Protection; Supreme Court Decision Number 5642 K/Pid.Sus/2022