A Legal Analysis of the Prosecutor’s Authority in Ensuring the Right to Restitution for Child Victims of Sexual Violence

This study investigates the role of the public prosecutor in ensuring the right to restitution for children who are victims of sexual violence within Indonesia’s criminal justice system. Although the right to restitution for child victims is normatively guaranteed under the Child Protection Law, the Law on Sexual Violence Crimes, and related Government Regulations, the active participation of the prosecutor as dominus litis is essential for its implementation. The findings show that prosecutors are responsible for including restitution claims in the indictment or sentencing demand, ensuring that restitution is granted in court decisions, and coordinating the tracing and sale of the defendant’s assets to guarantee the execution of restitution. However, prosecutors continue to face several challenges in carrying out this responsibility. These include offenders who are unable or unwilling to pay, unclear technical regulations, and limited understanding of restitution procedures. As a result, restitution orders are often not fully enforced, thereby preventing victims’ rights to recovery from being effectively fulfilled. Therefore, there is a need to strengthen prosecutorial capacity, promote more active enforcement from the prosecution stage through execution, and establish clear guidelines for handling restitution claims in cases involving child victims of sexual violence as part of broader child protection efforts.