Reformulasi Kewenangan Penyidik dalam Pengintegrasian Restitusi bagi Anak Korban Tindak Pidana Kekerasan Seksual dalam Sistem Peradilan Pidana

Abstract

The findings indicate that the authority of the police to facilitate restitution has a sufficient legal basis, including Law Number 31 of 2014, Law Number 35 of 2014, Law Number 12 of 2022, Government Regulation Number 35 of 2020, and Supreme Court Regulation Number 1 of 2022. However, in practice, investigators continue to focus primarily on proving the offender's guilt and securing criminal punishment rather than ensuring the fulfilment of victims' rights. The study identifies three principal normative issues: normative ambiguity, as there is no explicit obligation requiring investigators to inform victims of their right to restitution and integrate restitution claims into the investigation process; normative gaps, due to the absence of technical procedures governing the collection of evidence of victims' losses, the seizure of offenders' assets, and legal consequences for failure to comply with restitution orders; and normative disharmony, arising from the conflict between an offender-oriented criminal procedure system and victim protection regulations that promote a victim-oriented justice approach.