Faculty of Law, Universitas Lampung, Bandar Lampung, Indonesia.
http://jurnal.fh.unila.ac.id/index.php/constitutionale P-ISSN: 2723-2492 E-ISSN: 2745-9322
Reformulation of Children’s Restitution to Guarantee Their Constitutional Rights
Andre Arya Pratama1
1Darma Publikasi Bandar Lampung, Indonesia E-mail: andrearyapratama9@gmail.com
Article’s Information Abstract
keywords:
Children, Restitution, Rights.
DOI :
https://doi.org/10.25041/constitutio nale.v4i1.2943
Children as victims of criminal acts of sexual violence essentially need to get the protection of the welfare and the right to return to grow and develop in accordance with the 1945 Constitution. Losses suffered by children need to be claimed through criminal compensation to the perpetrator or third person, namely the submission of the right to restitution. The mechanism for filing the right to restitution has certainly developed in the rule of law. However, until now it is still an obstacle for victims in fulfilling the filing requirements based on Government Regulation Number 43 of 2017. Of course this will make it difficult for victims to get justice as they should. This article will use normative research, where this research describes the analysis of the problems presented in the research using laws and regulations that refer to Law Number 31 of 2014 and Government Regulation Number 43 of 2017 in accordance with the scope of the discussion of applicable law and comes from literature journals and other sources of information that become references for the author to collect data to complete this research.
The results show that the mechanism for implementing the right to restitution is difficult to implement, especially considering that victims tend to be unfamiliar with the law, besides that there are still perpetrators who generally come from the closest family and are not capable and have not regulated the nominal amount of payment that the perpetrator must fulfill. Therefore, it is necessary to reformulate the applicable regulations and related institutions need to play an active role in facilitating victims to fulfill the rights that should be obtained from a criminal offense as a form of effort to realize Human Rights (HAM) itself in the constitutional guarantees of citizens, especially children.
Submitted: Mar 05, 2023; Reviewed: Mar 20, 2023; Accepted: Mar 27, 2023
A. Introduction
Children are the next generation who will carry out the leadership relay of a nation.
Special attention to children must be given optimally, especially in their physical and mental growth. In essence, obtaining protection and welfare for their rights is necessary. Child protection is an absolute thing that must be considered. As a constitutional state, by making Pancasila a state ideology, Indonesia must adhere to the continuity of legal protection, which will realize Human Rights (HAM) to create prosperity in society. The substance of protection for each individual is constitutionally regulated in article 28 A of the 1945 Constitution in fulfilling human rights to live and defend their lives.
Furthermore, Article 28 B Paragraph (2) reiterates that there is a special guarantee for children to grow and develop with the manifestation of the principle of non-discrimination and the child's best interests.1 Legal protection is a very important element, including an effort to regulate citizens who are victims of criminal acts. In Basic Law, 1945 Article 1 Verse 3 reads: "Indonesia is a constitutional state". This confirms that Indonesia is a country based on law. By itself legal protection becomes an essential element as well as a consequence in a constitutional state and the state is obliged to guarantee the legal rights of its citizens.2 The goals and rationale for the legal protection of children cannot be separated from the goal of realizing child welfare as an integral part and realizing social welfare as a whole. Children are the nation's next generation because on their shoulders lie the tasks of the nation that previous generations have not completed. As the next generation for the ideals of the nation and state, children must grow and develop into adults who are physically and mentally healthy, intelligent, and educated adults. The Convention on the Rights of the Child is the basis of good morality.3
It is often the case that children as victims of sexual crimes experience suffering and loss only as witnesses to the victim in testimony at trial. As a result, it is not uncommon for the victim to feel dissatisfied with the demands made by the public prosecutor, which the judge decided because they did not receive a fair value for the victim.4 The punishment given to the perpetrator is not proportional to the suffering experienced by the victim because the victim does not only experience material losses but also immaterial losses. One form of compensation for criminal acts is restitution as protection for child victims of sexual violence.5Restitution is a form of compensation in the form of costs paid by the perpetrator who suffers material and immaterial losses by adhering to the principle of Restoration in its Original Condition (Restutio in integrum), which includes a form of recovery as perfect as possible by covering various aspects as a result of the crime. Likewise, this compensation includes payment for damage, compensation suffered and property or reimbursement for costs incurred and providing services for the right of recovery.6
1 Aprilianda, N. (2017). Perlindungan anak korban kekerasan seksual melalui pendekatan keadilan restoratif. Arena hukum, 10(2), Hlm. 307
2 Raissa Lestari, Implementasi Konvensi Internasional tentang Hak Anak (Convention on The Rights of the Child) di Indonesia (Jurnal Jom Fisip, Vol. 4 No. 2, Oktober, 2017) Hlm. 4.
3 Putra, K. W. D., & Subawa, I. M. (2018). Perlindungan Hukum Terhadap Anak Yang Berkonflik Dengan Hukum Ditinjau Dari Hukum Positif Indonesia. Kertha Wicara: Journal Ilmu Hukum, Hlm. 6
4 Daffa Ladro Kusworo and Rini Fathonah, “Analisis Implementasi Diversi Dalam Penyelesaian Perkara Anak Pelaku Tindak Pidana Pencurian (Studi Kasus Pengadilan Negeri Liwa),” Inovasi Pembangunan: Jurnal Kelitbangan 10, no. 2 (2022).
5 Miszuarty Putri, “Pelaksanaan Restitusi Bagi Anak Yang Menjadi Korban Tindak Pidana Sebagai Bentuk Pembaruan Hukum Pidana Berdasarkan Peraturan Pemerintah Nomor 43 Tahun 2017,” Soumatera Law Review 2, no. 1 (2019): Hlm.
85
6 Ratna Pertiwi, “Hak Restitusi Anak Korban Kejahatan Seksual,” Pancasila and Law Review 1, no. 1 (2020): Hlm. 40
With the existence of Government Regulation Number 43 of 2017 as a follow-up to Law Number 35 of 2014 on Law Number 23 of 2002 concerning Child Protection, it becomes a legal umbrella for losses suffered by children due to sexual violence committed by perpetrators. However, in practice, there are still very few applications for restitution by victims from the police or the prosecutor's office because victims who report their sexual crimes to the police do not receive information regarding the right to restitution that can be filed. Providing information to child victims of sexual crimes that they do not know should be the duty of the police and prosecutors as law enforcers who first interact with victims and their families.7
Previously, there was a mechanism for submitting an application for restitution in a process that was in accordance with the enforcement of Law Number 31 of 2014. Still, it had a drawback where not all victims could submit the application, even though it was their right.
This is caused by the determination of a crime that is included in the classification that can be restitution determined by the Witness and Victim Protection Agency (LPSK) which raises the problem that the LPSK itself is not included in the criminal justice system which does not include law enforcement officers who have executive capabilities. So that if the application for restitution uses the process regulated in Law Number 31 of 2014, then not all victims of criminal acts can apply for restitution as their rights because not all criminal acts can be filed for restitution. The implementation of the obligations of the police and the LPSK are limited, determined by the victim's request, based on Articles 7 and 8 of Law Number 31 of 2014. If the child requests no form of submission as the victim, then the LPSK will be passive and no restitution process is requested. It can be clearly stated that this mechanism does not provide comprehensive justice to the child at all.8
The existence of Article 7 Government Regulation (PP) Number 43 of 2017 which regulates the application for restitution, must be interpreted as a process that is quite complicated so a series of procedures will take quite a long time because the application for restitution can be carried out at the stage of investigation or prosecution. After the case has legal force it can still be carried out through determination. Of course, this is not something that is practical for the victim because they need to wait for confirmation that the application for restitution is accepted or rejected. In addition, the problem is the lack of knowledge regarding the procedure for the right to restitution mechanism.9 Normative juridical research is legal research that places law as a foundation of a system of norms of legislation along with literature studies, namely books, journals, and other literature, through the use of descriptive- analytical methods to describe legal events in it.
In this case the author will explain the existing obstacles related to the implementation of the mechanism for granting restitution and ideal reformulation in granting restitution to guarantee children's constitutional rights. This article will use research that is normative in nature, in which this research describes related to the analysis of the problems presented in research using laws and regulations that refer to Law Number 31 of 2014 and PP Number 43 of 2017 in accordance with the scope of discussion regarding applicable laws and derived from books, bibliographical journals and other sources of information that are references for the author to collect data to complete this research.
7Khairunnisa, M. (2020). Pemenuhan Hak Restitusi Terhadap Anak Korban Tindak Pidana Kekerasan Seksual Di Kota Pekanbaru. Hlm.81
8Wijaya, I. A., & Purwadi, H. (2018). Pemberian Restitusi sebagai Perlindungan Hukum Korban Tindak Pidana. Jurnal Hukum Dan Pembangunan Ekonomi, 6(2).
9 Mahrus Ali and Ari Wibowo, “Kompensasi Dan Restitusi Yang Berorientasi Pada Korban Tindak Pidana,” Yuridika 33, no.
2 (2018): Hlm. 290
The problems that occur will certainly become an obstacle for victims to be able to get restitution, on the other hand if you look at the applicable filing procedures it is considered quite complicated for victims who apply for restitution because later, it will take quite a long time, there are many burdens required so it is said is not practical and does not reflect the nature of fairness in demanding their rights. Moreover, it makes it difficult for the child as a victim of a sexual crime. In general, ordinary people do not understand the filing process when faced with the law. So that the community hopes that consistent law enforcement must continue to strive to restore public trust in the laws in force in Indonesia because society is a factor that plays an active role in supporting the law enforcement process. Besides that, justice, legal benefits, and legal certainty for children as victims of criminal acts who demand their rights in court must be fulfilled properly. The losses victims suffer cannot be recovered only by punishment by a criminal. So that the need for restitution as a form of recovery for victims and to return to their original state (restitute in integrum).
B. Discussion
1. Legal Problems Mechanism of Providing Restitution for Child Victims
Children are human beings with all their limitations and must be protected from various layers of society and applicable laws to realize their human rights. Because children are a mandate given by God Almighty, they must be looked after and protected because they have inherent dignity and rights as human beings that must be upheld.10 Barda Nawawi Arief, Legal protection for children is an effort to protect the law against various freedoms and human rights of children (fundamental rights and freedoms of children) as well as various interests related to child welfare.11 Children's rights must be considered as the principles regarding children's rights are contained in the Declaration of the Rights of the Child which was established through the United Nations General Assembly on November 2, 1959, among other things that every child must be protected from every form of neglect, acts of violence and exploitation. Likewise, children must enjoy special protection, opportunities and facilities by law so that they can develop physically, mentally, morally, spiritually and socially in a healthy and normal way.12
Giving restitution to victims is one of the recovery and protection efforts given to children who are victims of criminal acts. The definition of a victim based on Article 1 number 2 of Law Number 13 of 2006 concerning Protection of Witnesses and Victims is a person who experiences suffering, physical, mental and/or economic loss caused by a crime, then according to Law Number 12 of 2022 regarding Crimes of Sexual Violence that Victims are people who suffer physical, mental, economic losses, and or social losses as a result of Crimes of Sexual Violence. Meanwhile, according to the "The Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power" of the United Nations (1985) what is meant by victims are people who, individually or collectively, have experienced suffering, including physical suffering. or mental, emotional suffering, economic loss, or substantial reduction of human rights, through acts or omissions that violate the penal laws in force in member countries, which also include laws prohibiting the abuse of power.13
10 Syarifah Fauzi’ah, 2016, Faktor Penyebab Pelecehan Seksual Terhadap Anak, Jurnal Studi Gender dan Islam Fakultas Adab dan Humaniora UIN Alauddin Makasar, Vol 09, No 2. Desember 2016. Hlm. 94
11 Hasibuan, Lidya Rahmadani. “Hak Restitusi Terhadap Korban Anak Berdasarkan Undang Undang Nomor 35 Tahun 2014 Tentang Perubahan Atas Undang-Undangnnomor 23 Tahun 2002 Tentang Perlindungan Anak Di Belawan.” Jurnal Hukum Responsif 7, no. 2 (2019): 30–39
12 Abdul Wahid dan Muhammad Irfan, 2001, Perlindungan Terhadap Korban Kekerasan Seksual Advokasi atas Hak Asasi Perempuan, PT. Refika Aditama, Bandung, Hlm.32
13
Restitution in its filing is referred to as Merging Lawsuit Cases or payment of compensation that is charged to the perpetrator based on the permanent legal force of a court decision for material or immaterial losses suffered by the victim or their heirs, with reference to PP Number 43 of 2017 as a legal umbrella in the mechanism for granting restitution for child victims of crime14. Restitution for victims is one of the recovery and protection efforts given to child victims of criminal acts. In essence, restitution is a form of accountability for the perpetrator against the victim as a result of the crime he committed, with the main focus being on overcoming all the losses suffered by the victim.15 The presence of PP Number 43 of 2017 is actually a breakthrough for both protection and the best interests of victims, especially children and shows a form of government concern for victims. The regulation accommodates restitution for children, precisely in Article 7, namely;
1) Submission of an application for Restitution submitted by the victim must contain at least the following:
a. applicant's identity; perpetrator identity;
b. description of the criminal incident experienced;
c. description of the loss suffered; And d. amount or amount of Restitution.
2) The application for Restitution as referred to in paragraph (1), must attach the:
a. photocopy of the identity of the child who is a victim of a crime which an official in an authorized act legalizes;
b. proof of legal loss as referred to in Article 3;
c. photocopy of the death certificate which has been legalized by the competent authority if the child who is the victim of a crime dies; And
d. evidence of a special power of attorney if the application is filed by a parental attorney, guardian, or heir of a child who is a victim of a crime.
In fact, based on its application, it is considered that restitution is still minimally given to victims, Aria Veronica, as a Judge at the Tanjung Karang District Court, revealed that in terms of regulations, the regulations governing guaranteeing the rights of children as victims of a sexual crime are sufficient, it's just that in practice as long as he is serving as the judge at the Tanjung Karang District Court, the victim has never submitted a request and the public prosecutor has never filed a lawsuit against the right to restitution. Likewise, when there is a request for restitution, the judge faces the perpetrators who are generally still the victim's family and classified as people who can't afford it. This makes it difficult for victims to get their rights. In addition, Chandra Rezki, as the Public Prosecutor of the Bandar Lampung Prosecutor's Office, said that the reason why the request for restitution had not been maximally implemented was that it was very difficult to determine the amount of immaterial compensation suffered by the victim, the immaterial loss was difficult to measure in nominal value.
The problems that occur will certainly become an obstacle for victims to be able to get restitution, on the other hand if you look at the applicable filing procedures it is considered quite complicated for victims who apply for restitution because later, it will take quite a long time, there are many burdens required so it is said is not practical and does not reflect the nature of fairness in demanding their rights. Moreover, it makes it difficult for the child as a victim of a sexual crime. In general, ordinary people do not understand the filing process
14 Fauzy Marasabessy, “Restitusi Bagi Korban Tindak Pidana: Sebuah Tawaran Mekanisme Baru,” Jurnal Hukum &
Pembangunan 45, no. 1 (2016): 53–75.
15Setiawan, I. P. A., & Purwanto, I. W. N. (2019). Faktor Penyebab Dan Upaya Penanggulangan Kekerasan Seksual Terhadap Anak Dalam Lingkup Keluarga (Incest)(Studi Di Polda Bali). Kertha Wicara: Journal Ilmu Hukum, 8(4), Hlm.
10
when faced with the law. So that the community hopes that consistent law enforcement must continue to strive to restore public trust in the laws in force in Indonesia because society is a factor that plays an active role in supporting the law enforcement process. Besides that, justice and legal benefits in addition to legal certainty for children as victims of criminal acts who demand their rights in court must be fulfilled properly. The losses victims suffer cannot be recovered only by punishment by a criminal. So that the need for restitution as a form of recovery for victims and to return to their original state (restitue in integrum).
Thus, Law Number 12 of 2022 on the Crime of Sexual Violence regulates two forms of protection for victims of criminal acts: compensation and restitution. Through the Witness and Victim Protection Agency (LPSK), victims have the right to apply to the court for compensation and restitution. Compensation is compensation provided by the state because the perpetrator cannot provide full compensation for which he is responsible to the victim or his family. Restitution is compensation given to the victim or their family by the perpetrator or a third party. Law Number 12 of 2022 on Criminal Acts of Sexual Violence has also regulated restitution. However, it is necessary to specify new procedures that are more directed toward the values of justice in favor of victims, especially children.
2. Reformulation of Granting Restitution in Guaranteeing Children's Constitutional Rights
Justice, especially for those who are victims of children, cannot be ruled out because if a child becomes a victim of a crime of sexual violence. Of course, this is very detrimental to the victim as according to the theory put forward by Adam Smith16, The most important part of justice is the principle of no harm or the principle of not harming others. The primary basis of this principle is an appreciation for human dignity and the rights attached to it, including the right to life. This principle also aims so that in any social interaction, everyone must refrain from harming other people's rights and interests, as he does not want his rights and interests to be harmed by anyone. Rawls argues, justice is a value that cannot be bargained because only with justice can there be a guarantee for the stability of human life. Rules are needed to prevent conflicts of personal and common interests. Then the law is needed as an arbiter.
Because new laws will be obeyed in this modern society, he can lay down the principles of justice.17
Legal justice has been meaningfully contained with commutative justice because legal justice is essentially a further consequence of the principle of commutative justice. To uphold commutative justice, the state must be neutral and treat all parties equally without exception.
Acting like this is important because justice should not be felt only by various parties or groups alone. Likewise, for child victims of sexual violence, there should be no distinction or discrimination against children.18 Protecting children is not one of the responsible parties, but all elements must work together well between the government, law enforcement, the community, and parents. Children who are victims of a crime have the right to obtain special protection. Obtaining special protection can be done through prompt treatment, including treatment and/or rehabilitation physically, psychologically and socially, as well as prevention of illness and other health problems, psychosocial assistance from the time of treatment to
16Hurairah, Abu. (2012). Kekerasan Terhadap Anak. Bandung: Nuasa Press. Hlm. 56
17 John Rawls, Teori Keadilan Dasar-dasar Filsafat Politik Untuk Mewujudkan Kesejahteraan Sosial Dalam Negara, (judul asli A Theory of Justice), Terjemahan Uzair Fauzan dan Heru Prasetyo, (Yogyakarta: Pustaka Pelajar, 2006), Hlm. 502.
18Muhammad Rusli, 2020, Sistem Peradilan Pidana Anak Indonesia, FH UII Press, Yogyakarta, Hlm. 32.
recovery, provision of social assistance for children who are who come from underprivileged families, and provide protection and assistance during the judicial process.19
The national legal system constitutionally states that a child's rights are obligatory, the State for recognition, guarantees, protection, and fair legal certainty and equal treatment before the law.20 A forteriori, constitutional guarantee to every person entitled to citizenship status. Apart from that, the a quo state obligation was also emphasized, based on Article 71 D of Law Number 35 of 2014 concerning Child Protection, that the State must fulfill children's rights to the right to protection and self-recovery due to the crime of a crime, the child has the right to receive restitution. Explicitly restitution explains to the perpetrator that giving restitution is one of the sanctions he must receive, and so that the perpetrator realizes that the victim, as a result of his actions, must undergo various recovery processes to be able to return to a normal life, the perpetrator also at least realizes and regrets the mistakes he has made, not only because of the severity of the sanctions they received but also to see how difficult it was for victims to recover from their situation.21 Even though in reality, efforts to return things to normal for child victims of sexual violence are not easy, psychological assistance or medical treatment is expected to help victims to be able to live a normal life again and be able to get along with society without the psychological burden they experience.22
Obstacles in granting restitution in several aspects, both from victims who lack knowledge about their rights of restitution, from the side of the perpetrators who generally come from the victim's close family and there are still perpetrators who have low economic status, plus the regulations still seem quite complicated in the process of filing. So that in this case, it certainly makes it difficult for the victim to get the restitution rights that he should have received. The provision of restitution for children who are victims of criminal acts must be accessible to victims and the implementation must be given appropriately and not be misused.23 Restitution must be received by children who are victims of crime. So that the goals of the legislators are achieved and the objectives of the penal policy to protect the community are fulfilled.
According to the author, there is a need for reformulation of the regulations regarding restitution at this time, especially PP Number 43 of 2017 as an implementing rule for submitting restitution for victims of sexual violence against children by including several provisions, including the obligation of the Public Prosecutor to attach restitution in his criminal charges and the nominal size or the standard restitution payment that the perpetrator must pay to the victim, then adding a replacement penalty if the perpetrator is unable to pay or fulfill the rights of restitution to the victim of sexual violence. In reality, the government has carried out a policy update in 2022 regarding the technique for examining requests for restitution as stated in Supreme Court Regulation (PERMA) Number 1 of 2022 concerning Requests and Granting Restitution and Compensation to Victims of Crime (PERMA 1/2022) as a follow-up to PP Number43 of 2017 and PP Number 7 of 2018. However, according to the author, these provisions have not been able to answer the problems that have occurred because PERMA is only a guide that contains arrangements in procedural law or procedures
19Harahap, I. S. (2016). Perlindungan Hukum Terhadap Anak Korban Kejahatan Seksual dalam Perspektif Hukum Progresif. Jurnal Media Hukum, 23(1).
20Vitasari, Salsabila Dewi, Satria Sukananda, and Sandra Wijaya. “Pelaksanaan Pemberian Restitusi Terhadap Korban Tindak Pidana Perdagangan Orang.” DIVERSI: Jurnal Hukum 6, no. 1 (2020): 92–117.
21Marasabessy, Fauzy. “Restitusi Bagi Korban Tindak Pidana: Sebuah Tawaran Mekanisme Baru.” Jurnal Hukum &
Pembangunan 45, no. 1 (2016): 53–75.
22T.M. Hasbi Ash-shiddiqy, Pengantar Fiqh Mu’amalah, (PT. Pustaka Rizki Putra : Semarang, 1997) hal. 12. Dikutip dari Tedy Sudrajat, Perlindungan Perlindungan Hukum terhadap Hak Anak sebagai Hak Asasi Manusia, (Kanun Jurnal Ilmu Hukum, No. 54, Th. XIII, Agustus, 2011), Hlm. 126.
23 Yuliartini, N. P. R., & Mangku, D. G. S. (2021). Perlindungan Hukum terhadap Anak Korban Kekerasan Seksual. Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan, 6(2), Hlm.345
for facilitating the administration of courts, as stated by Satjipto Raharjo, that procedural law is a legal regulation. Still, it is difficult to say that procedural law is included in the legal norm. While all types of statutory regulations are included in legal norms, therefore procedural law, in this case the Supreme Court regulations, cannot be included in the hierarchical category of statutory regulations.24
Besides that, law enforcement officials or agencies that are authorized and focused on child protection are also required to play an active role in participating in providing protection for the rights of children from victims of sexual crimes. Efforts in terms of legal counseling or massive socialization must continue to be pursued so that, in this case, the community can be aware of their rights. In particular, for policy makers, it is necessary to carry out a comprehensive review of the rules regarding restitution based on the regulatory norms and implementing regulations so that it is easier for actors in the field to apply these rules, especially for victims of sexual violence, especially children, so that they are not unable to obtain the right to restitution is only due to the complicated procedure or mechanism for filing it.
C. Conclusion
The author concludes that the existence of Government Regulation Number 43 of 2017 as a follow-up to Law Number 35 of 2014 on Law Number 23 of 2002 concerning Child Protection becomes a legal umbrella for losses suffered by children due to sexual violence committed by perpetrators. However, various problems arise in the legal regulations described above, which are said to be quite complicated for victims who apply for restitution because later it will take quite a long time, so it is said that it is not practical and does not reflect the nature of fairness in demanding their rights. The child is a victim of a crime. When faced with the law, ordinary people do not understand the filing process. So that when the government cares about protecting children's constitutional rights, as children must be guaranteed to grow, develop and have their best interests, then it is a necessity when children become victims of criminal acts to always pay attention to their rights such as the right to restitution or compensation due to acts of crime.
D. Suggestion
The government, which in this case is a legislature member, should revise the provisions regarding the granting of restitution by accommodating the rules that have always been the guideline for law enforcement officials in fulfilling the rights of restitution for child victims of sexual violence. Law enforcement officials, especially the Public Prosecutor, must attach requests for restitution for victims of sexual violence against children in their lawsuits.
Besides that, law enforcement officials need to be demanded to actively play a role in helping victims fulfill these requirements. Law Number 12 of 2022 on Criminal Acts of Sexual Violence has also regulated restitution. However, it is necessary to specify new procedures that are more directed toward the values of justice in favor of victims, especially children.
Acknowledgments
This research was able to be carried out properly thanks to the assistance of various parties.
For this reason, the author would like to thank the academics of the Unila Faculty of Law, especially the Lecturers of the Criminal Law Department, who have provided support and
24 Rahardjo, S. (2010). Penegakan hukum progresif. Penerbit Buku Kompas.
guidance so that this research was created. Hopefully, this research/article can be useful for readers in developing their research.
References
A. Book
Abdul Wahid dan Muhammad Irfan, (2001), Perlindungan Terhadap Korban Kekerasan Seksual Advokasi atas Hak Asasi Perempuan, PT. Refika Aditama, Bandung
Hurairah, Abu. (2012). Kekerasan Terhadap Anak. Nuasa Press. Bandung
John Rawls, (2006) Teori Keadilan Dasar-dasar Filsafat Politik Untuk Mewujudkan Kesejahteraan Sosial Dalam Negara, (A Theory of Justice), Terjemahan Uzair Fauzan dan Heru Prasetyo, Pustaka Pelajar. Yogyakarta:
Muhammad Rusli, (2020), Sistem Peradilan Pidana Anak Indonesia, FH UII Press, Yogyakarta
Rahardjo, S. (2010). Penegakan hukum progresif. Penerbit Buku Kompas. Jakarta
B. Journal
Aprilianda, N.. Perlindungan anak korban kekerasan seksual melalui pendekatan keadilan restoratif. Arena hukum, 10 No.2, (2017)
Hasibuan, Lidya Rahmadani. “Hak Restitusi Terhadap Korban Anak Berdasarkan Undang Undang Nomor 35 Tahun 2014 Tentang Perubahan Atas Undang-Undangnnomor 23 Tahun 2002 Tentang Perlindungan Anak Di Belawan.” Jurnal Hukum Responsif 7, no.
2 (2019)
Harahap, I. S. Perlindungan Hukum Terhadap Anak Korban Kejahatan Seksual dalam Perspektif Hukum Progresif. Jurnal Media Hukum, 23 No. 1. (2016).
Khairunnisa, M. Pemenuhan Hak Restitusi Terhadap Anak Korban Tindak Pidana Kekerasan Seksual Di Kota Pekanbaru. 3 No. 2 (2020).
Kusworo, Daffa Ladro, and Rini Fathonah. “Analisis Implementasi Diversi Dalam Penyelesaian Perkara Anak Pelaku Tindak Pidana Pencurian (Studi Kasus Pengadilan Negeri Liwa).” Inovasi Pembangunan: Jurnal Kelitbangan 10, no. 2 (2022).
Marasabessy, Fauzy. “Restitusi Bagi Korban Tindak Pidana: Sebuah Tawaran Mekanisme Baru.” Jurnal Hukum & Pembangunan 45, no. 1 (2016).
Mulyana, N., Resnawaty, R., & Basar. Penanganan anak korban kekerasan. Al-Izzah: Jurnal Hasil-Hasil Penelitian, 13 No. 1. (2018)
Putra & Subawa Perlindungan Hukum Terhadap Anak Yang Berkonflik Dengan Hukum Ditinjau Dari Hukum Positif Indonesia. Kertha Wicara: Journal Ilmu Hukum. (2018).
Raissa Lestari, Implementasi Konvensi Internasional tentang Hak Anak (Convention on The Rights of the Child) di Indonesia (Jurnal Jom Fisip, Vol. 4 No. 2, Oktober, 2017).
Setiawan & Purwanto. Faktor Penyebab Dan Upaya Penanggulangan Kekerasan Seksual Terhadap Anak Dalam Lingkup Keluarga (Incest) (Studi Di Polda Bali). Kertha Wicara: Journal Ilmu Hukum, 8 No.4. (2019)
Syarifah Fauzi’ah, Faktor Penyebab Pelecehan Seksual Terhadap Anak, Jurnal Studi Gender dan Islam Fakultas Adab dan Humaniora UIN Alauddin Makasar, Vol 09, No 2. (2016).
T.M. Hasbi Ash-shiddiqy, Pengantar Fiqh Mu’amalah, (PT. Pustaka Rizki Putra : Semarang, 1997) hal. 12. Dikutip dari Tedy Sudrajat, Perlindungan Perlindungan Hukum terhadap Hak Anak sebagai Hak Asasi Manusia, (Kanun Jurnal Ilmu Hukum, No. 54, Th. XIII, Agustus, 2011)
Vitasari, Salsabila Dewi, Satria Sukananda, and Sandra Wijaya. “Pelaksanaan Pemberian Restitusi Terhadap Korban Tindak Pidana Perdagangan Orang.” Diversi: Jurnal Hukum 6, no. 1 (2020).
Wijaya & Purwadi, H. (2018). Pemberian Restitusi sebagai Perlindungan Hukum Korban Tindak Pidana. Jurnal Hukum Dan Pembangunan Ekonomi, 6 No. 2. (2018)
Yuliartini Mangku. Perlindungan Hukum terhadap Anak Korban Kekerasan Seksual. Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan, 6 No. 2. (2021).
D. Regulation
Peraturan Pemerintah Republik Indonesia Nomor 43 Tahun 2017 Pelaksanaan Restitusi Bagi Anak yang Menjadi Korban Tindak Pidana (Lembaran Negara Republik Indonesia tahun 2017 Nomor 219)
Undang-Undang Republik Indonesia Nomor 35 Tahun 2014.Perubahan Atas Undang- Undang Nomor 23 Tahun 2002 Tentang Perlindungan Anak (Lembaran Negara Republik Indonesia tahun 2014 Nomor 297)
