The Effectiveness of Restitution as a Form of Legal Protection for Child Victims of Crime under Indonesian Legislation

Abstract

This study analyzes the legal regulation of restitution as a form of legal protection for child victims of crime and evaluates the effectiveness of its implementation under Indonesian legislation. Restitution is important because criminal proceedings should not only punish offenders but also restore victims who suffer material, physical, psychological, and social harm. Materials and methods. This normative legal research uses statutory, conceptual, and case approaches. Legal materials were collected through library research involving the 1945 Constitution, legislation on child protection and witness and victim protection, Government Regulation Number 43 of 2017, Supreme Court Regulation Number 1 of 2022, legal scholarship, and relevant judicial materials. Results. Indonesian legislation has established a layered legal basis for restitution. Children who become victims of crime may claim compensation for loss of property, suffering caused by the crime, and medical or psychological treatment. Implementation remains suboptimal because of limited awareness, uneven law-enforcement practice, insufficient coordination and facilities, the offender’s inability to pay, and difficulties enforcing restitution orders. Conclusions. Restitution is an important victim-oriented instrument, but its effectiveness depends on coordinated implementation from investigation through payment and on a system that prioritizes the best interests of the child.