RESTITUSI ANAK KORBAN PENCABULAN DALAM PENETAPAN NOMOR 1/RES.PID/2022/PN BUKITTINGGI (Perspektif Hukum Pidana Islam)

Abstrak

This study analyses the application of restitution for child victims of sexual abuse in Judgment No. 1/Res.Pid/2022/PN Bukittinggi and its assessment from the perspective of Islamic criminal law (fiqh jinayah). Using a normative juridical method through literature review, this study utilises primary sources in the form of Judgment No. 39/Pid.Sus/2022/PN BKT and three restitution judgments, supplemented by secondary sources comprising legislation and academic literature. The analysis was selected purposively, focusing on Judgment No. 1 as a representative of the three identical judgments. The research findings reveal two main conclusions. Firstly, restitution is processed separately from the criminal judgement, whereby the court only granted (Rp1,025,000 out of Rp4,525,000) of the amount claimed, rejected prospective costs as unrealised losses, and did not provide an enforcement mechanism when the defendant declared an inability to pay. Secondly, from the perspective of Islamic criminal law, such criminal acts fall under the category of jarimah ta’zir, whilst the obligation of restitution stands on its own as haqqul adami. This restitution is most appropriately likened to the concept of diyat. Islamic law offers a more comprehensive system of victim protection through a multi-layered safeguard mechanism comprising ‘aqilah and bayt al-mal, which fills the legal void present in Indonesian positive law.