PENERAPAN PASAL 33 UNDANG-UNDANG NOMOR 12 TAHUN 2022 TENTANG TINDAK PIDANA KEKERASAN SEKSUAL DALAM PERMOHONAN PEMBERIAN RESTITUSI DI PENGADILAN NEGERI MALANG

Abstract

Criminal acts of sexual violence constitute violations of human rights that have serious impacts on victims, whether physically, psychologically, or economically. Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence provides guarantees for victims to obtain restitution as a form of recovery. However, in judicial practice, the provision of restitution has not been fully implemented evenly, as indicated by the relatively low number of restitution applications compared to the number of cases handled at the Malang District Court. This study aims to analyze the implementation of Article 33 of the Law on Criminal Acts of Sexual Violence in restitution applications and to examine the legal considerations of judges in determining such restitution. This research employs an empirical method with a socio-legal (juridical-sociological) approach through field data collection and literature review. The results of the study show that restitution has been applied in several cases; however, its implementation remains inconsistent. This inconsistency is influenced by the suboptimal role of law enforcement officers in integrating restitution into the judicial process. Furthermore, not all cases are accompanied by restitution claims, which affects the fulfillment of victims’ rights. In practice, judges determine restitution based on the facts presented during trial, the losses suffered by the victims, and the demands of the public prosecutor as the basis for their rulings. Therefore, it is necessary to enhance understanding and optimize the role of law enforcement officers to ensure that the fulfillment of victims’ rights to restitution can be carried out more effectively.