Sexual violence cases must not be addressed through the restorative justice approach. (Photo: medcom.id)
Sexual violence cases must not be addressed through the restorative justice approach. (Photo: medcom.id)

Restorative Justice Not Suited to Sexual Violence Cases: Deputy Minister

Antara • 22 February 2022 19:28
Jakarta: Deputy Minister of Law and Human Rights Edward Omar Sharif Hiariej has said that the restorative justice approach must not be employed for resolving sexual violence cases.
 
"(Sexual violence cases) must not be addressed through the restorative justice approach," he stressed in Jakarta on Tuesday.
 
The Sexual Violence Prevention Bill will provide the legal basis to prevent the restorative justice approach from being employed to resolve sexual violence cases, he informed.

The restriction regarding restorative justice is meant to prevent sexual violence cases from being dismissed after a suspect offers a financial settlement to the victim in lieu of withdrawing legal action, he explained.
 
The Bill also requires judges hearing sexual violence cases to set the restitution that the convict must pay to the victim besides the prison sentence and fine, he added.
 
If a perpetrator is economically disadvantaged and cannot pay the restitution, police can confiscate their assets, he informed.
 
"The Bill would allow the police to confiscate personal assets for restitution once the police declare the perpetrator as a suspect," Hiariej said.
 
The requirement for restitution and permission to confiscate assets for restitution are several measures that the Sexual Violence Prevention Bill provides to ensure complete protection to and recovery of sexual violence victims, the deputy minister explained.
 
If the confiscated assets still do not cover the total restitution that the convict must pay, the judge can extend the prison sentence in lieu of the restitution, he noted.
 
Further, the government will compensate victims if a convict has no assets that can be confiscated for paying restitution, he added.
 
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(WAH)

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