Attorney General's Office: Restorative Justice Cannot Be Applied to Sexual Violence Cases
The Deputy Attorney General for General Crimes (Jampidum) of the Attorney General’s Office, Asep Nana Mulyana, has emphasised that cases of sexual violence crimes (TPKS) must not be resolved through restorative justice mechanisms.
He stated that even if a peace agreement and forgiveness have been reached between the perpetrator and the victim, the case cannot be settled via restorative justice. “Sexual violence is one of the cases that is not permitted to undergo restorative justice,” Asep said in Jakarta on Tuesday.
To ensure this regulation is implemented, Asep mentioned that he has issued a circular to regional offices to minimise the use of restorative justice in sexual violence cases. He noted findings where sexual violence cases were settled by marrying the victim to the perpetrator, under the assumption that the matter was resolved, despite other critical issues that require attention.
“We view (marriage/peace agreements) as a right, not an option,” he remarked.
Asep also reminded his subordinates to ensure that the victim’s right to restitution is fulfilled by including it in the criminal charges. Furthermore, during stage II (the handover of suspects and evidence), prosecutors are instructed to provide guidance to investigators to optimise the seizure of the suspect’s assets to pay compensation to the victim.
Once a judge’s decision is rendered, prosecutors will have the legal authority to seize the defendant’s assets to be provided to the victim as restitution.
Previously, the Minister of Human Rights, Natalius Pigai, requested that law enforcement agencies process the perpetrator of the alleged confinement and abuse of a woman, identified by the initials YTR (29) in Bandung, West Java, namely Taufik Hidayat, without the use of restorative justice. According to Pigai, such physical and psychological torture violates human dignity and causes long-lasting trauma for the victim. Therefore, case handling must prioritise law enforcement to ensure justice and prevent similar incidents from recurring.