RESTORATIVE JUSTICE ANALYSIS OF CHILD MOLESTATION AND SEXUAL INTERCOURSE: A CASE STUDY AT THE SORONG AIMA POLICE STATIONS

Abstract

The crime of molestation and sexual intercourse with minors has been regulated in Article 81 paragraph (2) in conjunction with Article 76D and Article 82 paragraph (1) in conjunction with Article 76E, and is a form of crime that attacks dignity and leaves trauma for the victims. Its handling tends to spark debates about the appropriate punishment for the perpetrator, as the application of restorative justice theory is considered unbalanced and unfair to the victim. However, many victims' families choose to resolve the matter through familial or restorative justice to maintain the family's honor. The lack of public knowledge about the law in Indonesia leads them to consider the crime as a family disgrace without thinking about the psychological impact on the victim. This highlights the importance of an in-depth study on the application of justice in the theory of restorative justice for resolving a case by considering both parties, namely the victim and the perpetrator, thereby achieving justice in society. This data analysis is conducted qualitatively by considering the legal norms related to the case, as well as the resolution of cases involving molestation and sexual intercourse with minors. From the research results, most cases are resolved through family means, where the perpetrator is willing to take responsibility and provide compensation. That in the community of Sorong city/district, there is a tendency to resolve cases through customary and familial means, namely restorative justice. Therefore, the importance of wisely reasoning cases between the applicable positive law and customary law. This is done to protect dignity and uphold justice.