Restorative Justice for Child Victim of Sexual Violence

Child sexual violence casualties continue to occur. The data of KPAI (Komisi Perlindungan Anak Indonesia/the Indonesian Child Protection Commission shows that over the past five years, there have been 412 cases of sexual violence in this country (2012), 343 cases in 2013, 656 cases in 2014, 218 cases in 2015, 120 cases in 2016, and 116 cases in 2017 (data until September). Efforts were made to reduce the number of victims, including aggravating criminal threats for perpetrators of such crimes, by altering or perfecting the rules deemed to be more protective of the victims. However, the rules that are more directed to the retributive system tend to ignore the rights of victims. This paper wants to illustrate how the victim of child sexual violence should pay attention to his rights. Some options or offers should be an option for child sexual violence victims. The results of the study show that the implementation of the Child Protection Act often hurts the victims' sense of justice. One of the cases was processed at the Banjarbaru District Court, Kalimantan Selatan, whereby the victim felt unfairly treated by the decision of the Panel of Judges, because although the victim and the defendant were in love, there was a peace deed between the defendant and the victim's family, and the victim was four months pregnant from the fruit of their love, but the panel of judges handed down the punishment according to the rules.