Peer-reviewed article
Analysis of the Implementation of Penal Mediation in the Crime of Sexual Violence Against Children by Investigators
Husni Nurramdani ·
Summary
Written by AI, not yet AICS's view · claude-haiku-4-5-20251001This article analyzes the legal framework and implementation of penal mediation (restorative justice) in cases of sexual violence against children in Indonesia. It examines whether investigators can use discretionary authority to settle such cases through mediation rather than traditional litigation, and considers the impacts on perpetrators, victims, families, and the legal system. The analysis concludes that penal mediation can be applied when based on investigator discretion, restorative justice principles, and the consent of the victim's family, provided child protection laws are upheld.
Key points
- Penal mediation is a restorative justice mechanism that allows investigators discretionary authority to settle sexual violence cases against children
- Application of penal mediation in sexual violence cases raises concerns about both its legal application and its impact on child victims
- The impacts of penal mediation are assessed across four dimensions: effects on perpetrators, victims, community views, and legislative implications
- Penal mediation can be implemented based on investigator discretion and victim/family consent without compromising the integrity of child protection under Indonesian Law Number 35 of 2014
- The article identifies a need to improve integration of laws and regulations governing penal mediation in sexual violence cases
Limitations
This is a normative legal analysis based on literature and legislation rather than empirical research, so it cannot demonstrate actual outcomes or impacts of penal mediation on child victims or recidivism rates. The document does not provide data on how often penal mediation is used in practice or any evidence of effectiveness.
Abstract
The settlement of cases of sexual violence against children can be done through litigation, which in the process can be done through penal mediation. Penal mediation as a product of restorative justice is a means of giving the perpetrator rights granted by the investigator through his discretionary authority. However, the enforcement of justice for children as victims of sexual violence based on Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection through penal mediation with the perpetrators of criminal acts becomes a problem, both in terms of the application of penal mediation in criminal acts of sexual violence against children and the impact of the application of penal mediation. The purpose of this article is to analyze and find out the role of penal mediation and its impact on victims of sexual violence against children. The research method used by the author is to use a normative method based on books, journals, and legislation, that in this analysis the application of penal mediation in acts of sexual violence against children can be carried out based on the discretion and restorative justice efforts of the investigator as well as on the decision of the victim (in this case the family of a child victim of sexual violence) and a joint decision, without reducing the essence and integrity of child protection based on Law Number 35 of 2014. The impact of the application of penal mediation is divided into 4, namely from the side of the perpetrator of sexual violence, from the victim, the view of the community, and the regulation of legislation. This article is expected to provide knowledge and become a means to improve the integration of laws and regulations, especially on the implementation of penal mediation in criminal acts of sexual violence against children.