Implementation of Restorative Justice in Sexual Violence Cases in Jombok Village, Ngoro District, Jombang Regency

ABSTRACT
Implementation of Restorative Justice in Sexual Violence Cases in Jombok Village, Ngoro District, Jombang Regency
Nurul Aslamiyah/212374201058
Fakultas Hukum Universitas Darul Ulum
mitrathirt@gmail.com
Dosen Pembimbing :
1. H. SYAIFUL BAHRI, S.H. M.Hum.
2. Dr. TRI SUSILOWATI, S.H.M.Hum.

The application of restorative justice in cases of sexual violence in villages, especially in Jombok Village, offers a more inclusive approach and is based on healing and reconciliation between victims and perpetrators. This thesis examines the concept of implementing restorative justice in the criminal justice system in Indonesia, and analyzes the factors that encourage and hinder its implementation in cases of sexual violence in Jombok Village. This research also identifies the role of the community and law enforcement officials in supporting the restorative justice process.
Restorative justice in the Indonesian criminal justice system focuses on improving relationships between parties involved in an offense, not just on giving punishment. In the context of sexual violence, implementation is often hampered by cultural factors, social stigma, distrust of the formal justice system, and a lack of understanding of the benefits of this approach.
In Jombok Village, support from the community and law enforcement officials is very important to ensure that the restorative justice process runs fairly and effectively. Research findings show that although there are challenges in its implementation, active community participation and involvement of law enforcement officers can strengthen the success of restorative justice in cases of sexual violence, by prioritizing the recovery of victims and rehabilitation of perpetrators within a more humane justice framework.
To optimize the application of the principles of restorative justice, researchers believe that it is important for the reporting party or victim to have an understanding of the aims, purposes and impacts of these principles. This is so that the reporting party is aware that there is a non-litigation case resolution route that prioritizes the victims' justice rights, namely the principle of restorative justice. Apart from that, the benchmark for achieving a sense of justice for the victim or reporter who resolves their case through this principle is the existence of a peace agreement letter which contains terms of peace from the victim or reporter to the reported party. The letter is binding, and the Law recognizes and places the agreement made by the two parties on an equal footing with the making of the Law

Keywords: Restorative Justice, sexual violence, inhibiting factors