Reconstructing criminal sanctions and victim protection in sexual violence crimes: Islamic perspective of Islah in Indonesia's legal framework

Efforts to resolve sexual violence crimes currently do not show any legal protection for victims of the crime. Although in the context of law enforcement the number of such crimes is increasing day by day, in reality these crimes do not reflect justice for the parties. This is because the resolution of sexual violence crimes is more oriented towards winning or losing through the criminal justice system. The approach method used in this study is normative juridical. Efforts to resolve sexual violence crimes, if they have met the requirements above, can be resolved through restorative justice which in the context of Islamic law is almost the same as the concept of Islah. On the other hand, legal protection for perpetrators of sexual violence crimes also has the right to receive restitution, if the crime committed is more than four years. Furthermore, victims of sexual violence crimes also have the right to have an abortion, if they experience pregnancy before the age of 6 weeks calculated from the first day of the last menstruation. This is based on Articles 75 and 76 of Law No. 36 of 2009 concerning Health.