Peer-reviewed article
The Dilemma of Restorative Justice as Impunity for Perpetrators of Sexual Violence Against Children
Dewi Safira, Abdul Kholiq ·
Summary
Written by AI, not yet AICS's view · claude-haiku-4-5-20251001This study examines how restorative justice approaches in Indonesia's handling of child sexual abuse cases can inadvertently protect perpetrators instead of helping victims. The research found that when restorative justice is poorly applied—without proper victim support or oversight—it can lead to re-victimization and allow offenders to escape accountability. The authors propose a victim-centered model that prioritizes survivor recovery, offender responsibility, and community involvement with proper training and monitoring.
Key points
- Restorative justice misapplication in child sexual violence cases can result in impunity for perpetrators and re-victimization of survivors
- Law enforcement officials often lack understanding of restorative justice principles, with inadequate monitoring mechanisms and social pressure undermining victim protection
- A victim-centered restorative justice model should emphasize comprehensive victim recovery, offender accountability, and active community participation
- The proposed model requires trained facilitators and strict supervision to ensure substantive justice rather than impunity
- Current implementation shows inconsistencies between regulatory norms and practical application in Indonesia
Limitations
This is a normative legal analysis examining regulations and policy implementation in Indonesia; it does not evaluate outcomes through empirical research with actual cases or victim testimonies, so it cannot tell us how victims experienced these processes or their actual recovery rates.
Abstract
The increasing application of restorative justice in handling cases of child sexual violence in Indonesia has sparked controversy due to its potential to create impunity for perpetrators and neglect victims’ rights. This study aims to analyze the dilemma of restorative justice as a form of impunity in child sexual violence cases and to propose an ideal model that ensures the fulfillment of victims’ rights and the realization of substantive justice. The research employs a normative legal method using statutory and conceptual approaches. Primary and secondary legal materials are examined through qualitative analysis to identify inconsistencies between regulatory norms and practical implementation. The findings reveal that although restorative justice aims to restore victims and rehabilitate offenders, its misapplication especially when diversion is carried out without sufficient attention to the victim’s recovery may result in impunity and re-victimization. Furthermore, the lack of understanding among law enforcement officials, inadequate monitoring mechanisms, and social pressure contribute to ineffective victim protection. The study proposes a victim-centered restorative justice model that emphasizes comprehensive victim recovery, offender accountability, and active community participation supported by trained facilitators and strict supervision. The novelty of this research lies in offering a structured model for implementing restorative justice that balances victims’ and offenders’ rights, thereby ensuring substantive justice and preventing impunity in cases of child sexual violence.