Pemberian Restitusi Kepada Anak Korban Kekerasan Seksual (Ditinjau Dari Prinsip Restorative Justice Dan Prinsip Maqashid Syari'ah Hifdzu Nafs)

Abstract

Children are individuals who are still relatively weak and need protection and help to meet their needs. Therefore, children are vulnerable to become victims of violent crimes, one of which is sexual violence. Sexual violence against children is an interaction between children and adults where children are used as objects to satisfy the sexual needs of the perpetrators. The Law on Child Protection and the Law on the Protection of Witnesses and Victims regulate the right of restitution for victims, including children who are victims of criminal acts of sexual violence. Restitution is the payment of compensation given to the victim or their family which is charged to the perpetrator of a crime or a third party. Children as victims of sexual violence suffer very complex losses, both material and immaterial losses and suffer long-term trauma. Restorative Justice is an effort to restore the condition of the victim to what it was before the crime occurred. Protection of the life (hifdzu nafs) in lslam functioned based on the Maqasid Syariah, which is the 5 objectives of lslamic Law in order to maintain the benefit and peace of mankind. The provision of restitution for child victims of sexual violence is in accordance with the Principles of Restorative Justice and the Principles of Maqashid Syari'ah Hifdzu Nafs because it seeks to return the child's condition back to normal as well as efforts to protect theirself and the child's soul so that they can continue their life

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