The Role of the State in Providing Restitution to Child Victims of Sexual Violence (Case Study: Salatiga District Court Decision Number 67/Pid.Sus/2025/PN Sltdated August 26, 2025)

Abstrak

Granting restitution to a child victim of sexual violence is part of the perpetrator's liability under a court ruling that has attained permanent legal force. This aims to protect the child's rights to life, growth, development, and optimal participation in society, free from psychological pressure. The fulfillment of the rights of child victims of sexual violence has not yet been fully realized, as restitution is often not actually paid. This situation stems from several factors, such as the perpetrator's lack of awareness regarding their obligations, the perpetrator's lack of assets, and insufficient oversight and law enforcement concerning the implementation of restitution. This study aims to examine the state's role in providing compensation to child victims of sexual violence when the perpetrator fails to pay restitution. The study employs a normative legal research method with a statutory approach. The findings indicate that the public prosecutor's efforts to secure restitution for child victims of sexual violence have been suboptimal particularly regarding the rights of child victims during judicial proceedings even in cases where the victim refuses restitution. If the perpetrator is unable to pay restitution, the state is obligated to provide compensation to the victim. The role and duty of the state, through the government, are essential to fill the gap in responsibility regarding the recovery of sexual violence victims. Government Regulation Number 29 of 2025 concerning the Assistance Fund for Victims of Sexual Violence Crimes serves as the legal basis for guaranteeing material and non-material support to child victims of sexual violence in the form of state compensationwithout requiring a formal request from the victim or their family.