The Exclusion of Restorative Justice in the Handling of Child Sexual Abuse Cases under Indonesian National Law

Abstract

Restorative justice is no longer a foreign term, especially as an alternative for resolving criminal cases. It is a process that emphasizes restoring conditions to their original state. In its implementation, restoratiuve justices involves the offender, the victim, the families of both, and other relevant parties, working together to achieve justice. However, certain types of crimes are excluded from this approach. Not all criminal cases can be resolved through restorative justice. In particular, in the context of child molestation, this approach is explicity excluded, as it considered incompatible with the goals of victim protection and substantive justice. Nevertheless, customary settlement practices for such cases still exist in society. This article aims to examine the legal basis ffor the exclusion of restorative justice in child molestation cases and the legal reasoning behind these limitations. This study employs a normative juridical method and a literature review based on statutory regulations and academic sources. The findings that restorative justice practices in child molestation cases must be strictly limited to avoid injustice and violations of child victims rights.