The Antinomy Of The Death Penalty And Restitution For Victims Of Sexual Violence In Decision Number 5642 K/Pid.Sus/2022

Abstract

Sexual violence against children requires firm punishment and effective victim recovery. This article examines the relationship between the death penalty and restitution obligations in Decision Number 5642 K/Pid.Sus/2022 by considering the legal framework applicable at the enforcement stage, particularly Law Number 1 of 2023 on the National Criminal Code as adjusted by Law Number 1 of 2026, Law Number 20 of 2025 on the Criminal Procedure Code and Law Number 3 of 2026 on Witness and Victim Protection. This normative legal research uses statutory, case and conceptual approaches. The study finds that the antinomy arises at the enforcement stage rather than from the validity of the 2022 judgment, especially where execution of the death sentence intersects with unpaid restitution because assets remain illiquid. De jure, the restitution framework has been strengthened; de facto, implementation still depends on asset tracing, liquidity and inter-agency coordination. A restitution-first principle, early asset safeguarding, effective use of the Victim Assistance Fund and an operational coordination procedure are required to ensure punishment and victim recovery proceed together.