VICTIM-CENTERED CRIMINAL POLICY IN ADDRESSING SEXUAL VIOLENCE IN ISLAMIC BOARDING SCHOOLS: ANALYSIS OF DECISION NUMBER 242/PID.SUS/2024/PN MKD

Abstract

Sexual violence in Islamic boarding schools presents distinctive challenges because perpetrators may exploit institutional authority, religious legitimacy, and victims’ dependence to facilitate repeated abuse and suppress disclosure. This study examines the judicial application of Indonesia’s Law Number 12 of 2022 on Sexual Violence Crimes in Decision Number 242/Pid.Sus/2024/PN Mkd and evaluates whether the judgment reflects a victim-centered criminal policy. This doctrinal legal research employs statutory, case, and conceptual approaches. Legal materials are analyzed through grammatical, systematic, and teleological interpretation using four indicators: accuracy of offense construction, recognition of power relations, proportionality of sentencing, and fulfillment of victims’ rights. The study finds that applying Article 6(c) in conjunction with Article 15(1) recognizes the abuse of religious and institutional authority, the vulnerability and dependence of female students, repeated conduct, and multiple victims. The sentence and restitution order demonstrate an emerging victim-oriented approach. Nevertheless, the judgment alone does not establish whether restitution and psychological and social recovery were effectively implemented. The study proposes an integrated criminal policy combining judicial accountability, victim recovery, institutional complaint mechanisms, and state supervision of Islamic boarding schools.