Victimological Analysis Of The Fulfillment Of Rights For Victims Of Assault within the Resolution Of Cases Through Restorative Justice

Resolving criminal cases through restorative justice is an approach that prioritizes restoring the situation following a criminal offense by involving the perpetrator, the victim, and other relevant parties. However, in cases of assault, resolution through reconciliation must carefully consider the rights and interests of the victim, ensuring that the process is not merely focused on an agreement between the parties involved. This study aims to analyze the fulfillment of the rights of assault victims using a victimological perspective within the framework of restorative justice, and to identify measures to optimize victim protection. The research employs a normative legal methodology, utilizing both statutory and conceptual approaches. Legal materials were gathered through a literature review encompassing legislation, legal textbooks, and relevant scholarly journal articles and subsequently analyzed qualitatively. The findings underscore the importance of recognizing the victim as a party entitled to protection, restitution, access to information, and the opportunity to express their wishes throughout the case resolution process. Restorative justice can effectively support the fulfillment of victims' rights, provided it is carried out voluntarily, free from coercion, and with due regard for the physical, psychological, and economic harm suffered by the victim. Consequently, the success of a case resolution should not be measured solely by the achievement of reconciliation, but also by the fair fulfillment of the victim's rights and interests

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Journal
Legal Frontier
Published
2026-11-10
Primary Topic
Legal and Policy Analysis in Indonesia
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article
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article

Victimological Analysis Of The Fulfillment Of Rights For Victims Of Assault within the Resolution Of Cases Through Restorative Justice

Farisman Anzun Gea, Dimas Agus Kurnia, Akbar Fadilla Putra
Legal Frontier
Legal and Policy Analysis in Indonesia
article

Victimological Analysis Of The Fulfillment Of Rights For Victims Of Assault within the Resolution Of Cases Through Restorative Justice

Farisman Anzun Gea, Dimas Agus Kurnia, Akbar Fadilla Putra
article en

Abstract

Resolving criminal cases through restorative justice is an approach that prioritizes restoring the situation following a criminal offense by involving the perpetrator, the victim, and other relevant parties. However, in cases of assault, resolution through reconciliation must carefully consider the rights and interests of the victim, ensuring that the process is not merely focused on an agreement between the parties involved. This study aims to analyze the fulfillment of the rights of assault victims using a victimological perspective within the framework of restorative justice, and to identify measures to optimize victim protection. The research employs a normative legal methodology, utilizing both statutory and conceptual approaches. Legal materials were gathered through a literature review encompassing legislation, legal textbooks, and relevant scholarly journal articles and subsequently analyzed qualitatively. The findings underscore the importance of recognizing the victim as a party entitled to protection, restitution, access to information, and the opportunity to express their wishes throughout the case resolution process. Restorative justice can effectively support the fulfillment of victims' rights, provided it is carried out voluntarily, free from coercion, and with due regard for the physical, psychological, and economic harm suffered by the victim. Consequently, the success of a case resolution should not be measured solely by the achievement of reconciliation, but also by the fair fulfillment of the victim's rights and interests

Legal Frontier
Universitas Harapan Medan (ID)
Legal and Policy Analysis in Indonesia
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