Implikasi Yuridis Penerapan Restorative Justice Terhadap Perlindungan Hukum Korban Sekstorsi Ditinjau dari Perspektif Victim-Centered Approach dalam Undang-Undang Nomor 12 Tahun 2022 Tentang Tindak Pidana Kekerasan Seksual
This study aims to analyze the scope and limits of the application of restorative justice in the handling of sexortion crimes under Indonesian law, as well as its legal implications for victim protection based on the principle of a victim-centered approach in Law No. 12 of 2022 on Sexual Violence Crimes (TPKS Law). The study employs a normative legal method using a legislative and conceptual approach. Legal materials were obtained through a literature review and analyzed qualitatively using deductive reasoning. The results of the study indicate that sextortion that meets the elements of Electronic-Based Sexual Violence as defined in Article 14 of the TPKS Law is subject to the provisions of Article 23 of the TPKS Law, which prohibits the resolution of sexual violence criminal offenses outside the judicial process, except in cases involving child perpetrators. Provisions of the 2025 Criminal Procedure Code also exclude criminal acts of sexual violence from restorative justice mechanisms. The use of reconciliation to terminate criminal proceedings has the potential to undermine the fulfillment of victims’ rights to protection, support, restitution, recovery, and the removal of sexual content, while simultaneously raising issues regarding legal certainty and perpetrator accountability. Therefore, a restorative approach in cases of sextortion must be realized through the restoration of victims’ rights, which proceeds in tandem with the legal process, rather than as a substitute for criminal accountability
Authors
- Fuad Nur
- Ni Putu Sri Widiasih
- Siti Rachmawati
Institutions
- Universitas Halu Oleo (ID)
Publication Details
- Journal
- Jejak digital Jurnal Ilmiah Multidisiplin
- Published
- 2026-10-26
- DOI
- https://doi.org/10.63822/spyqx588
- Primary Topic
- Legal and Policy Analysis in Indonesia
- Type
- article
- Field-Weighted Citation Impact
- 0.00