Beyond The Courtroom: Indonesia's Legal Reform Prioritizes Victim Recovery

Jakarta — A profound philosophical shift is taking root in Indonesia's legislative chambers, where the revision of the Witness and Victim Protection Law (RUU PSDK) is being framed as a moral imperative for a just society. The proposed changes move the legal paradigm decisively from retributive justice—primarily concerned with punishing the offender—toward restorative and rehabilitative justice, which places the healing and restoration of the victim at the heart of the process. This represents a recognition that justice is incomplete if a victim secures a conviction but is left to cope with enduring trauma and loss alone.

The bill operationalizes this principle by expanding the state's obligation toward victims. It advocates for the formal adoption of Victim Impact Statements within the Indonesian legal system, a mechanism that allows victims to formally articulate the full emotional, physical, and financial consequences of the crime to the court. Furthermore, it strengthens provisions for restitution, linking them to the proposed Perpetual Victim Fund managed by the LPSK to ensure that court-awarded compensation is actually accessible and disbursed in a timely manner.

This victim-focused agenda is a direct response to the complexities of modern crimes. Lawmakers and the LPSK highlight that cases of sexual violence, human trafficking (TPPO), and transnational cyber fraud create deep, multifaceted wounds for victims that purely punitive measures do not address. The state's role, as envisioned in the new bill, extends through the entire legal journey and beyond, offering psychological support, medical care, and social reintegration programs to help survivors rebuild their lives.

The legislation also broadens the very definition of who deserves protection and support. In a significant development, the LPSK is pushing for "informants" to be recognized as a new, protected category under the law. These individuals, who may provide tip-offs that initiate major investigations but are not formal witnesses, currently operate in a legal gray zone without safeguards. Extending protection to them is seen as vital for cracking down on organized and complex crime networks.

This holistic approach necessitates deeper inter-agency collaboration. The LPSK acknowledges that victim recovery cannot be achieved in isolation. The bill envisions stronger coordination with local governments, the Ministry of Education, and regional units for the protection of women and children to handle sensitive cases, such as child sexual abuse, with the necessary care and expertise. For transnational crimes, enhanced international cooperation mechanisms are also deemed essential.

The driving force behind this reform is a consensus that Indonesia's 2006 law is no longer fit for purpose. Having been revised only once in 2014, it fails to reflect contemporary understandings of trauma, victimology, and the evolving nature of threats. The synchronisation of this law with the newly enacted Criminal Procedure Code (KUHAP) provides a unique opportunity to bake these advanced principles into the foundation of the criminal justice system.

By legislating a duty of care for victims, Indonesia is setting a new standard for justice in the region. The reform asserts that a society's commitment to law and order is measured not only by its prison sentences but also by its compassion and its commitment to making victims whole again. The success of the RUU PSDK will ultimately be judged by the dignity and support it affords to those who have suffered the most.

Read Too: Countering Extremism With Harmony: World Muslim League Points To Indonesia's Pancasila

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Tag: Justice System Reform LPSK Victim Support Post-trauma Recovery Restorative Justice Law Victim Rehabilitation Indonesia Victim Restitution