Pemenuhan Hak Restitusi Bagi Korban Anak Difabel Kognitif Pada Tindak Pidana Kekerasan Seksual

(Studi Putusan Nomor 92/Pid.Sus/2025/PN Jbg)

Abstract

Restitution is a right of crime victims aimed at restoring the losses suffered, including immaterial losses in the form of psychological suffering, particularly for children with cognitive disabilities who are victims of sexual violence. In Decision Number 92/Pid.Sus/2025/PN Jbg, the Public Prosecutor submitted a restitution claim based on the recommendation of the Witness and Victim Protection Agency (LPSK) with a total loss value of IDR 70,412,000.00; however, the panel of judges rejected the claim on the grounds that the evidence presented was insufficient to prove the amount of the victim’s losses. This rejection indicates that the judges did not take into account the psychological recovery projection issued by the LPSK as a basis for assessing immaterial losses, nor did they actively carry out their role in examining and supplementing evidence of the victim’s losses as stipulated in Supreme Court Regulation Number 1 of 2022. This research employs a normative juridical method using statutory and case study approaches. The findings show that the fulfillment of restitution rights for child victims with cognitive disabilities in this case has not been optimally implemented, as judicial considerations remain focused on formal evidentiary requirements rather than on victim-oriented recovery.