Journal of Southeast Asian Human Rights, Vol. 5 Issue. 2 December 2021 pp. 176 – 201
doi: 10.19184/jseahr. v5i2.28011
© University of Jember & Indonesian Consortium for Human Rights Lecturers
Restorative Justice for Victim’s Rights on Sexual
Violence: Tension in Law and Policy Reform in
Indonesia
Sri Wiyanti Eddyono
Faculty of Law, University of Gajah Mada
Email: sriwiyanti.eddyono@ugm.ac.id
Abstract
Indonesia has experienced very dynamic advocacy for legal reform on the protection of
victims of sexual violence. Incidents of sexual violence have increased during the COVID-
19 pandemic. This paper considers three major ‘initiatives’ used to address sexual violence
in Indonesia: first, the establishment of alternative policy mechanisms outside the traditional
criminal justice system by law enforcement; second, the Criminal Code Bill and Government
of Indonesia under the Ministry on Law and Human Rights; and third, the establishment of
the anti-sexual violence bill for victim protection initiated by parliament and supported by
women’s movements. All of these initiatives have claimed to incorporate principles of
restorative justice within their approach which the impact of COVID-19 become one of the
arguments. This paper analyzes whether the pursuit of restorative justice is an appropriate
response for victims of sexual violence. The pursuit of restorative justice is one of many
ambitious strategies to reform criminal justice mechanisms. This becomes increasingly
problematic when the indicator of restorative justice is unclear. This paper finds that both
the Criminal Code Bill and the Anti-Sexual Violence Bill have integrated some elements of
restorative justice to criminal justice system, with the latter focusing more on the rights of the
victims of sexual violence. Prior to the enactment of these Bill’s there some existing policies
called for restorative justice for victims of sexual violence. Given the lack of clarity
surrounding the meaning of restoring the rights of victims of sexual violence or how this could
be measured, it was difficult to support victims or assess their restorative progress. This policy
tends to neglect victims of sexual violence in favour of the offender’s interest. Without a
formal definition and appropriate indicators to regulate it (i.e. with no clear aim), new policies
seeking to protect victims of sexual violence and move toward restorative justice are unlikely
to provide substantive support to those who need it most.
Keywords: sexual violence, restorative justice, victim rights, criminal justice system,
Indonesia legal reform.
I. INTRODUCTION
Sexual violence has become increasingly politically salient in Indonesia. The National
Commission on Violence against Women (Komnas Perempuan), a specialized
national human rights body and mechanism in Indonesia, reported that the number
of sexual violence are relatively high. In 2018, 6,903 cases on sexual violence reported