Strengthening Access to Victim Recovery within the Criminal Justice System (ID0151)

This commitment will focus on fulfilling victims' access to recovery by improving the implementation of restitution to victims of crime through evidence-based research and capacity building of law enforcement agencies on restitution, as well as the preparation of policy direction documents and recommendations for the governance of the Victim Trust Fund (VTF).

Causes of the Problem

Explain your understanding of the causes of the problem. As much as possible, identify the root causes. Use problem analysis tools (e.g., problem tree, five whys, fishbone diagram, or other relevant methods) if necessary and include evidence where possible.

Restitution issues:

The lack of restitution is primarily due to law enforcement officials' limited understanding of the legal framework and restitution assessment services. In some cases, restitution requests have been denied on subjective and erroneous reasoning. For example, in Case No. 35/Pid.Sus/2021/PN Wkb, the judge denied restitution for victims of domestic violence on the basis that the Law on the Elimination of Domestic Violence does not provide restitution for victims. In fact, the 1981 Criminal Procedure Code (KUHAP) has confirmed that the right to restitution applies to all types of criminal offenses. This is due to the lack of training and/or socialization for judges and prosecutors regarding victims' rights to restitution and the difficulty of coordinating with the LPSK due to the limited number of regional offices. Although there is Supreme Court Regulation Number 1 of 2022 which regulates the procedures for granting restitution, IJRS research found that only 2 of 6 judges had participated in training related to Supreme Court Regulation Number 1 of 2022. On the other hand, although 5 out of 6 prosecutors stated that they had assisted in filing for restitution at the request of victims, all of them faced obstacles, especially in terms of coordination with the LPSK, which is still limited in terms of territory. These factors indicate that the lack of technical training and limited institutional support are also causes of the lack of restitution for victims.

Limited state budget issues:

In addition to the limitations on the provision of restitution, another Causes of the Problem of victim recovery in Indonesia is the lack of a road map or grand design for the recovery of victims of crime through a trust fund scheme. Based on existing conditions, the causes of this problem can be described as follows: 1.The criminal law paradigm is not yet victim-centered, so that recovery policies are still partial, reactive, and perpetrator-based. 2.The absence of a governance architecture and regulations that support a transparent, structured, and inclusive multi-source funding system (Trust Fund for Victims). 3.Low capacity and commitment of law enforcement officials in optimizing restitution and access to recovery. 4.Dependence on lengthy legal processes as a prerequisite for recovery, which is not in line with the principles of swift and victim-centered recovery. 5.Sectoral regulations based on specific crimes. For example, the Law on Sexual Violence Crimes and Government Regulation 29/2025 only regulate DBK for sexual violence, not covering other types of crimes such as human trafficking, domestic violence, terrorism, or other types of crimes that are considered violent crimes. 6.Narrow definition of DBK. DBK is only understood as “restitution for unpaid debts,” not as a form of comprehensive and proactive recovery that can be provided without waiting for the legal process to be completed. 7.Lack of a victim-rights-based approach in policy-making. Policies focus more on perpetrators and the criminal justice process than on the comprehensive needs of victims, such as emergency services, economic recovery, and social reintegration 8.There is no structured governance of the Trust Fund. Although the Law and Government Regulation open up the possibility of contributions from the community, the private sector, and philanthropy, there are no legal, institutional, and accountability instruments to manage these funds in an integrated manner.

Commitment Description

Solutions to improve restitution:

The proposed solutions to encourage the implementation of restitution are focused on strengthening the capacity of law enforcement officials, particularly judges and prosecutors. This effort is carried out through the preparation of comprehensive research reports and guidelines on the procedures for filing and granting restitution to victims of crime. 1.The research report compiled is a comprehensive research report on “Restitution in the Criminal Justice System in Indonesia: Regulation and Execution.” The research, which stems from the lack of restitution in cases of sexual violence, aims to identify obstacles and opportunities in the legal, institutional, and implementation frameworks related to restitution for all crimes in order to produce evidence-based practical recommendations to ensure that restitution can be optimally implemented for victims. 2.The results of the research will be used in the preparation of guidelines for the prevention and handling of sexual violence crimes related to the procedures for filing and granting restitution by judges and prosecutors and will be followed up with capacity building for judges and prosecutors to be able to implement restitution.

Solutions to state budget constraints:

Based on the various issues that have been identified, the solution proposed through this commitment is the development of a Roadmap/ Grand Design for the Governance and Institutions of the Victim Trust Fund (VTF) in Indonesia. This roadmap/ grand design will serve as a strategic and operational policy framework for building a comprehensive, accountable, sustainable, and victim-centered funding system for the recovery of victims of crime. The VTF Roadmap/ Grand Design includes: 1.Medium- and long-term policy directions for the recovery of victims of various types of crime, not limited to sexual violence; 2.An institutional model that enables professional and independent fund management; 3.Multi-stakeholder funding sources, including the state budget, CSR, individual contributions, philanthropy, and the private sector; 4.A mechanism for providing assistance that does not depend on a final and binding court decision (pre-charge), so that it is responsive to the urgent needs of victims; 5.A system of transparency and accountability to ensure public trust and effective use of funds.

How will this solution solve the problem?

The development of a Roadmap/ Grand Design for the Governance and Institutionalization of the Victim Trust Fund (VTF) will solve the problem by providing a comprehensive policy and institutional framework for the recovery of victims of crime, overcoming the limitations of existing policies and funding. This solution will: 1.Expand the scope of victims who can access the recovery mechanism, not limited to victims of sexual violence, but also including victims of other crimes such as human trafficking, domestic violence, or terrorism. 2.Establish a sustainable trust fund-based financing system, which does not only rely on the state budget but also collects funds from the community, the business world, philanthropy, and other legitimate sources. With this system, limited state funds will no longer be a major obstacle. 3.Provide faster and more flexible access to recovery, without waiting for a final court decision or restitution execution. Thus, victims can immediately obtain the assistance they need from the outset. 4.Integrate the roles of cross-sector stakeholders in fund management, thereby encouraging collaboration and public accountability in the protection and recovery of victims. 5.Providing an institutional roadmap, including the design of the VTF management agency, oversight mechanisms, and indicators of transparency and effectiveness in fund distribution.

Previously available solutions and their evaluation:

1.Funding from the state budget through the LPSK. Coverage: medical, psychological, and psychosocial assistance, as well as facilitation of restitution and compensation. Limitations: limited budget means that not all victims can be accommodated. In addition, bureaucratic processes and administrative requirements slow down the assistance process. Relatively limited and does not fully address the needs of victims, especially for long-term recovery. 2.Restitution by perpetrators based on court decisions. Coverage: restitution is demanded by prosecutors and decided by judges, paid by perpetrators. Limitations: very few prosecutors demand restitution and restitution rulings are rarely enforced. Results: based on LPSK reports and academic studies, the implementation of restitution is still very low. 3.DBK through the Law on Sexual Violence Crimes and and Government Regulation 29/2025. Coverage: only for victims of sexual violence and limited to restitution of underpayment after the perpetrator's assets are auctioned. Limitations: does not apply to other types of crimes; does not cover other forms of assistance; can only be accessed after a final and binding decision; Results: although progressive, this scheme is not yet inclusive, responsive, or adopting a flexible and multi-source trust fund model.

Relevance to the 5 Strategic Issues of OGI

Are the proposed solutions related to one of the priority issues of Open Government Indonesia (1) Anti-Corruption and Budget Transparency 2) Civic Space and Democracy 3) Inclusive Public Services 4) Access to Justice 5) Energy, Environment, and Natural Resources

Solutions to improve restitution:

The solutions proposed in this commitment relate to strategic issues for Open Government Indonesia, Access to Justice. By improving judges' and prosecutors' understanding of the legal framework and procedures for granting restitution, this solution directly promotes the fulfillment of victims' rights in the criminal justice process. On the other hand, restitution plays a crucial role in protecting vulnerable groups, such as women and children who are victims of violence, who have often faced obstacles in obtaining recovery. Therefore, this solution not only strengthens access to justice but also promotes a more inclusive and sensitive judicial system that addresses the needs of vulnerable groups.

Solutions to state budget constraints:

The solution proposed through the preparation of a Roadmap/ Grand Design for the Governance and Institutions of the Victim Trust Fund (VTF) is strongly linked to the strategic issues of Open Government Indonesia (OGI), particularly on the issues of access to justice, budget and public service transparency, and community participation in policymaking. This commitment is in line with the commitment of the access to justice sector in the Open Government Indonesia National Action Plan (RAN OGI) VII, particularly on the commitment to victim recovery. By ensuring an inclusive, quick recovery mechanism that does not depend on the victim's economic capacity or the length of the legal process, the VTF Roadmap/ Grand Design promotes substantive justice. In addition, the VTF governance structure includes the management of funds from various sources (state, community, philanthropy, and private sector) that will be managed in an accountable and transparent manner. This encourages openness in public budget management and social funding, which is one of the main pillars of Open Government. Strengthening the audit system, open reporting, and public monitoring mechanisms will be an important part of this institutional design. On the other hand, there is participation and co-creation with civil society. The process of drafting the VTF Roadmap/ Grand Design will actively involve civil society organizations, victim groups, academics, and other stakeholders. This reinforces the principles of co-creation and cross-sector collaboration, which are the main spirit of OGI. The involvement of civil society from the policy formulation stage to implementation will strengthen the legitimacy and effectiveness of recovery fund management.

Relevance to the Government's Priority Agenda

Can the proposed solution be aligned with the government's work plan as outlined in the Asta Cita (Work Program) document?

Solutions to improve restitution:

First, strengthening the capacity of law enforcement officials through the preparation of evidence-based reports supports the fourth Asta Cita, namely “Enforcing a legal system that is free from corruption, dignified, and trustworthy.” By increasing the capacity of judges and prosecutors to be able to implement restitution, this solution strengthens the integrity and accountability of the criminal justice system and encourages legal processes that favor victims. Second, related to the second Asta Cita, namely “Strengthening the protection of human rights and strengthening democracy.” Restitution is the right of victims to obtain compensation for criminal acts. By strengthening the capacity of law enforcement officials related to restitution, the state also fulfills its obligation to protect and restore the rights of citizens, especially vulnerable groups.

Solutions to the state's budget constraints:

The solution proposed through the preparation of a Roadmap/Grand Design for the Governance and Institutionalization of the Victim Trust Fund is strategically relevant to the national development agenda and the government's priority plans, both in the framework of the government's vision and in the national medium-term planning document. This commitment is in line with the 7th of the Eight Mission Goals, namely “Strengthening political, legal, and bureaucratic reform, as well as strengthening the prevention and eradication of corruption and drugs.” Through the strengthening of the institutional framework and governance of the DBK to be transparent, accountable, and inclusive, this commitment also encourages the reform of the national legal system to be more victim-oriented and reflect justice that is oriented towards recovery, not merely punishment. In addition, fund governance based on good governance principles also contributes to preventing abuse of authority and strengthening institutional integrity. This commitment also directly supports the implementation of Presidential Regulation Number 12 of 2025 concerning the 2025-2029 National Medium-Term Development Plan, particularly in the appendix of government activities which includes the preparation of recommendations for case evaluation using a restorative justice approach. The restorative justice approach, which is mainstream in the national judicial system, not only focuses on the perpetrator but must also strengthen the aspect of victim recovery as an important element of fair and sustainable case resolution. This is in line with the realization of DBK as a national priority program of the LPSK. This means that the government has institutionally recognized the importance of alternative and integrated funding mechanisms to ensure the recovery and fulfillment of victims' rights through DBK/victim trust funds.

Expected Outcomes

The expected outputs to be produced, the scale or scope of change to be achieved, and the targeted changes should be described in an evaluable and measurable form, such as changes at the institutional level, changes in behavior, systems, and practices, or regulatory changes

Results of improvements in granting restitution:

The implementation of this commitment aims to improve the granting of restitution to victims of crime by strengthening the capacity of judges and prosecutors. The desired outcome is a change in the behavior and practices of law enforcement officials in understanding, filing, and adjudicating restitution claims in accordance with legal provisions. The Targeted Outcomes include: 1.A comprehensive research report identifying obstacles and opportunities in the implementation of restitution; and 2.Capacity building for judges and prosecutors related to the implementation of restitution for victims. The scale of change sought covers both the individual and institutional levels. At the individual level, change is measured through an increase in the number of judges and prosecutors who receive capacity building and an increase in understanding of the procedures for granting restitution. At the institutional level, change is measured by an increase in the number of restitution requests submitted by prosecutors and granted by judges, as well as improved coordination between law enforcement officials and the LPSK. With these indicators, this commitment is expected to promote a fairer, accountable, and victim-oriented judicial system, as well as strengthen the implementation of human rights protection principles in the criminal justice process.

Results of the VTF roadmap/grand design development:

In this section, the expected output is the availability of a Roadmap/Grand Design document for the Governance and Institutions of the Victim Trust Fund (VTF). This document will serve as a strategic and technical reference in developing an inclusive, sustainable, and equitable criminal victim recovery system. Through the preparation of this roadmap/grand design, the scale of change to be achieved is at the national policy level, where the results are expected to encourage regulatory changes or the formation of new regulations governing the management, funding sources, institutions, and mechanisms for the distribution of DBK in a comprehensive manner, and not limited to one particular type of crime. The targeted changes include: 1.Regulatory and policy changes, in the form of derivative regulations from the Law on Sexual Violence Crimes and/or cross-sector regulations that support the national operationalization of the Victim Trust Fund. 2.Changes at the institutional level, including strengthening the role of the LPSK or the formation of an independent and accountable fund management entity. 3.Changes in the victim recovery system and practices, namely shifting from a reactive and court-based approach to a proactive, responsive, and victim-based approach. 4.Changes in stakeholder behaviors, by encouraging multi-stakeholder collaboration and civil society involvement in the planning, monitoring, and distribution of recovery funds.
With these results, the success of this commitment can be measured through the participatory development of a roadmap/grand design, cross-ministerial/institutional support, and the emergence of follow-up regulatory or policy initiatives that adopt the principles and governance mechanisms of the Victim Trust Fund at the national level

Commitment Plan
Results Indicators | Output | Tmeline | Stakeholders

The availability of the study document “Restitution in the Criminal Justice System in Indonesia: Regulation and Execution” and the increased capacity of judges and prosecutors in providing restitution to victims | 1. Documents from interviews with judges and prosecutors. 2. Research study documents “Restitution in the Criminal Justice System in Indonesia: Regulation and Execution.” | Estimated final output for year 1 (M-12)
1. Policy input document to the Supreme Court of Indonesia and the Attorney General's Office of Indonesia regarding the comprehensive implementation of restitution. 2. Activity report document on capacity building for judges and prosecutors through the dissemination of the study “Restitution in the Criminal Justice System in Indonesia: Regulation and Execution.” Estimated final output for year 2 (M-24)

Availability of a governance and institutional roadmap for the Victim Trust Fund | 1. Institutional review, governance mechanisms, and monitoring in the context of preparing the VTF Roadmap with the involvement of CSO and relevant ministries/agencies. 2. VTF Roadmap document. | Estimated final output for year 1 (M-12)
1. Preliminary draft of regulations related to VTF. 2. Draft regulations related to VTF. | Estimated final output for year 2 (M-24)