Criminal Policy Concerning Restitution and Its Implementation for Victims of Sexual Violence in Aceh

摘要

This paper aims to analyze policies regarding restitution for victims of sexual violence and how they are implemented in court decisions in Aceh Province. Payment of compensation charged to the perpetrator based on court decisions that have permanent legal force for material and/or immaterial losses suffered by the victim or her heirs. The method used in this writing is normative juridical with a qualitative approach. At the beginning, an inventory of laws and regulations governing restitution was prepared. The next stage was to examine the application of the restitution policy in court decisions in Aceh upon cases of sexual violence that were tried in the general court or through the Syar'iyah Court. The results show that the government and Aceh government have set policies on restitution in the Human Rights Law, the Trafficking in Persons Act, the Child Protection Law, Law on Witness and Victim Protection, Qanun Jinayat, and Qanun on the Treatment for Violence against Women and Children. Procedures for requesting restitution are regulated in Government Regulation Number 43 of 2017 and Government Regulation Number 7 of 2018. An analysis of 10 court rulings showed that none have given restitution to victims of sexual violence. This analysis is expected to encourage law enforcement officials to make it easier for victims to know their rights and get appropriate restitution for the suffering they experience.