{"id":44831,"date":"2026-09-21T15:37:52","date_gmt":"2026-09-21T08:37:52","guid":{"rendered":"https:\/\/law.ugm.ac.id\/?p=44831"},"modified":"2026-09-21T15:37:52","modified_gmt":"2026-09-21T08:37:52","slug":"lgs-fh-ugm-rampungkan-kertas-kebijakan-pengelolaan-dana-bantuan-korban-soroti-restitusi-korban-kekerasan-seksual-yang-nyaris-tak-terbayar","status":"publish","type":"post","link":"https:\/\/law.ugm.ac.id\/en\/lgs-fh-ugm-rampungkan-kertas-kebijakan-pengelolaan-dana-bantuan-korban-soroti-restitusi-korban-kekerasan-seksual-yang-nyaris-tak-terbayar\/","title":{"rendered":"LGS FH UGM Completes Policy Paper on the Management of Victim Assistance Funds, Highlights Restitution for Sexual Violence Victims That Is Barely Paid"},"content":{"rendered":"

The Law, Gender and Society Studies Center at the Faculty of Law, Universitas Gadjah Mada (LGS FH UGM) has completed a policy paper titled \"Management of the Victim Assistance Fund (DBK) for Victims of the Crime of Sexual Violence (TPKS) Based on Government Regulation No. 29 of 2025 on the Victim Assistance Fund.\" This study was prepared together with the Witness and Victim Protection Agency (LPSK) from September to December 2025 by a team led by Sri Wiyanti Eddyono together with Annisa Ayuningtyas, Diantika Rindam Floranti, M. Ryandaru Danisworo, Rizky Septiana Widyaningtyas, Arimbi Fajari Furqon, and Rahmatiah Irwan.<\/span><\/p>\n

The study departs from the wide gap between the high number of sexual violence cases and the low level of recovery actually received by victims. The 2024 National Women's Life Experience Survey estimates that one in four women aged 15 to 64 in Indonesia has experienced physical and\/or sexual violence in her lifetime. Yet cases reported and handled by service institutions are far fewer. Komnas Perempuan data records 20,471 cases of sexual violence out of 56,185 violence cases reported throughout 2024.<\/span><\/p>\n

Law No. 12 of 2022 on the Crime of Sexual Violence places recovery as a victim's right, encompassing medical rehabilitation, mental and social rehabilitation, social empowerment, restitution and\/or compensation, and social reintegration. Restitution is compensation charged to the perpetrator, while compensation is compensation paid by the state when restitution is not paid. It is this compensation that is channeled through the Victim Assistance Fund, whose technical regulation was issued by the government on 18 June 2025 through Government Regulation No. 29 of 2025 one of seven implementing regulations of the Sexual Violence Law. The regulation mandates LPSK with the management of the DBK.<\/span><\/p>\n

The most prominent finding of this study is the low realization of restitution. Throughout 2022 to 2025, LPSK assessed restitution for sexual violence cases at more than Rp63.1 billion. Of that amount, around Rp17 billion entered the demands of public prosecutors, and Rp12.2 billion was ultimately ruled by judges. Yet what was actually paid by perpetrators was only around Rp1.08 billion, or 8.88 percent. This means there is more than Rp11.1 billion in underpaid restitution that has the potential to become a state burden through the DBK.<\/span><\/p>\n

This policy paper identifies a number of root problems. On the internal side of LPSK, the 2018 Guidelines for the Assessment of Restitution remain the most complete reference, even though that instrument was drafted with reference to the Witness and Victim Protection Law, the Anti-Trafficking Law, and the Child Protection Law. As a result, a number of losses specific to victims of sexual violence such as pregnancy resulting from rape, childbirth costs, and loss of reproductive function have not been explicitly formulated. Some categories of loss in the Guidelines actually reflect more the pattern of losses in trafficking cases. The study considers that the obstacles to calculating restitution are therefore not merely a technical matter for assessors, but a consequence of an assessment policy design that has not been updated.<\/span><\/p>\n

The issue of institutional capacity also receives attention. Restitution assessment at LPSK is carried out by an Assessment Team with the status of an additional unit, not a dedicated unit, so assessors bear a double burden and case handling is not specialized even though each type of criminal offense has its own specificities. The study also notes the practice of annual write-offs of unhandled cases.<\/span><\/p>\n

On the external side, the study finds that LPSK's restitution assessment is not necessarily accommodated by law enforcement officials. Of the twelve rulings reviewed, five patterns were identified, ranging from LPSK's calculation not entering the prosecutor's demands at all, to being ruled lower by judges, to being rejected entirely. The authority of investigators to carry out security attachment for restitution over the perpetrator's assets as stipulated in Article 31 paragraph (3) of the Sexual Violence Law is also said never to have been exercised. The problem is compounded by the lack of perpetrator profiling. In 2025, of 2,772 recorded perpetrators, occupation was known for only 904.<\/span><\/p>\n

This policy paper also examines practices in a number of countries. The Netherlands applies advance payment to victims through the Centraal Justitieel Incassobureau, which then continues to collect the remaining restitution from the convicted person, including through installment mechanisms. The United Kingdom provides compensation through the Criminal Injuries Compensation Authority, while the United States collects perpetrators' restitution debt through the Treasury Offset Program. Indonesia itself does not yet recognize the concept of a bridging fund, so when a perpetrator serves a substitute sentence, the responsibility for recovery shifts entirely to the state.<\/span><\/p>\n

Based on this review, the study presents eight recommendations. Among them: affirming that restitution and compensation are part of the victim's right to recovery, not merely the punishment of the perpetrator; the necessity of profiling and tracing the perpetrator's assets from the investigation stage as the basis for security attachment for restitution; regulating a bridging fund so that victims are not delayed in accessing their rights; and affirming that the State Budget should be the main source of the DBK, not merely a supplement. The study also encourages monitoring the regulation of the Victim Endowment Fund, strengthening assistance in the use of compensation together with UPTD PPA and community-based service institutions in accordance with Government Regulation No. 30 of 2025, and firmer coordination among key stakeholders.<\/span><\/p>\n

The policy paper can be downloaded at di sini.<\/a><\/p>\n

Author: Zamrotul Miftakhus Laili<\/span><\/p>","protected":false},"excerpt":{"rendered":"

Pusat Kajian Law, Gender and Society Fakultas Hukum Universitas Gadjah Mada (LGS FH UGM) merampungkan kertas kebijakan berjudul \u201cPengelolaan Dana Bantuan Korban (DBK) bagi Korban Tindak Pidana Kekerasan Seksual (TPKS) Berdasarkan Peraturan Pemerintah Nomor 29 Tahun 2025 tentang Dana Bantuan Korban\u201d. Kajian ini disusun bersama Lembaga Perlindungan Saksi dan Korban (LPSK) sepanjang September hingga Desember […]<\/p>\n","protected":false},"author":95,"featured_media":44832,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"default","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"set","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"footnotes":""},"categories":[28,218,214],"tags":[240,241,257,232,228,231,236,220],"class_list":["post-44831","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-berita","category-berita-sdgs","category-kabar-lgs","tag-fakultas-hukum-ugm","tag-law-ugm","tag-sdg-1-tanpa-kemiskinan","tag-sdg-10-berkurangnya-kesenjangan","tag-sdg-16-perdamaian-keadilan-dan-kelembagaan-yang-tangguh","tag-sdg-5-kesetaraan-gender","tag-sdg-8-pekerjaan-layak-dan-pertumbuhan-ekonomi","tag-sdgs"],"_links":{"self":[{"href":"https:\/\/law.ugm.ac.id\/en\/wp-json\/wp\/v2\/posts\/44831","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/law.ugm.ac.id\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/law.ugm.ac.id\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/law.ugm.ac.id\/en\/wp-json\/wp\/v2\/users\/95"}],"replies":[{"embeddable":true,"href":"https:\/\/law.ugm.ac.id\/en\/wp-json\/wp\/v2\/comments?post=44831"}],"version-history":[{"count":1,"href":"https:\/\/law.ugm.ac.id\/en\/wp-json\/wp\/v2\/posts\/44831\/revisions"}],"predecessor-version":[{"id":44839,"href":"https:\/\/law.ugm.ac.id\/en\/wp-json\/wp\/v2\/posts\/44831\/revisions\/44839"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/law.ugm.ac.id\/en\/wp-json\/wp\/v2\/media\/44832"}],"wp:attachment":[{"href":"https:\/\/law.ugm.ac.id\/en\/wp-json\/wp\/v2\/media?parent=44831"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/law.ugm.ac.id\/en\/wp-json\/wp\/v2\/categories?post=44831"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/law.ugm.ac.id\/en\/wp-json\/wp\/v2\/tags?post=44831"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}