Legal Analysis Of The Problems Of Implementing Restorative Justice In Cases Of Sexual Violence

Abstract

This study aims to analyze the implementation of the restorative justice approach in handling sexual violence cases from a legal perspective in Indonesia. Restorative justice focuses on prioritizing victim recovery and offender accountability through dialogue and mediation processes. However, in cases of sexual violence, the application of this approach faces serious challenges, such as violations of justice principles for victims, social pressure for reconciliation, and the potential for impunity for offenders. This study employs a normative juridical method to examine regulations, court decisions, and relevant legal practices. The findings indicate that while restorative justice has potential as a more inclusive dispute resolution mechanism, in the context of sexual violence, its implementation often fails to align with victim protection. This study recommends strengthening the legal framework to ensure that restorative justice is applied with due consideration to justice principles and without compromising the rights of sexual violence victims.