Ratio Legis of Settlement of Cases of Sexual Violence through Penal Mediation

Sexual violence is a form of crime that has a multidimensional impact, both for victims, perpetrators, and society. This crime not only hurts physically, but also psychologically, socially, and economically. In an effort to resolve cases of sexual violence through formal justice mechanisms, various obstacles are still faced. The long legal process, the complexity of evidence, and the social stigma attached to victims often hinder efforts to obtain justice. In this context, penal mediation appears as an alternative to resolving criminal cases that offers a restorative approach. Penal mediation emphasizes dialogue between the perpetrator and victim with the aim of reaching an agreement that restores the situation, both for the victim, the perpetrator, and the community. Therefore, it is important to examine more the ratio legis of penal mediation in resolving cases of sexual violence outside the courts. The type of research used is normative legal research using a legislative approach and a conceptual approach. The results of the study indicate that penal mediation in resolving sexual violence crimes has a ratio legis that is based on restorative efforts, not just retributive. The main goal is to provide comprehensive recovery for victims, create participatory justice, and reduce the burden on the formal criminal justice system.