Compensation in Rape Cases: A Review of the Criminal Justice System in Indonesia

Abstract

Sex related offences are universal phenomena, which take place in every society. Lately, violence in the community seemed to increase, both in quality and quantity. The aims of the research are to analyze and understand the essence of compensation for victims of crime in Indonesian law and reviewing the ideal concept of the provision of compensation for victims of rape. Type of the research is a normative research by abstracting legal materials and supported by sociolegal or empirical legal approaches related to the main issue. The location of the study was conducted in DKI Jakarta and Depok, Indonesia. Furthermore, analysis of legal material was carried out using qualitative analysis with content analysis method. The results show that the essence of compensation in rape cases for victims in national regulations is an effort made by providing a place for victims of crime to obtain justice, usefulness and legal certainty as the purpose of the law where victims of crime. Physical injury includes an increased risk of a range of sexual and reproductive health problems. Its impact on mental health can be equally serious as that of physical injury. Normatively, regulation in granting compensation claims regarding the implementation of compensation both material and formal in criminal law, so that the provision of compensation claims can be accepted by the victim. In future regulations, the effective mechanism for restitution and compensation must have "forced power" in this case if the perpetrator is unable to pay restitution to the victim within a certain period of time based on a court decision. Above all, the strong commitment and involvement of governments and civil society, along with a coordinated response across a range of sectors, are required to end sexual violence against women and children.

Keywords: Compensation, Criminal Law, Rape, Criminal Justice System