Criminal Sentencing and the Protection of Child Victims in Sexual Violence Cases: An Analysis of Bandung District Court Decision No. 989/Pid.Sus/2021/PN Bdg

Abstract

Sexual violence against children requires a criminal justice response that simultaneously addresses offender accountability, victim protection, and the restoration of victims' rights. The Herry Wirawan case is particularly significant because the victims were children and the court imposed a severe criminal sanction together with restitution-related measures. This study examines Bandung District Court Decision No. 989/Pid.Sus/2021/PN Bdg to analyse the relationship between criminal sentencing and the protection of child victims in sexual violence proceedings. The official case record shows that the defendant was convicted of repeatedly committing sexual violence against multiple children and was sentenced to life imprisonment, with restitution imposed in relation to the victims. The study aims to assess whether the court's sentencing approach reflects the principles of child protection, proportionality, victim-centred justice, and rehabilitation. A normative juridical method is employed using statutory, conceptual, and case approaches. The research analyses child-protection legislation, sexual-violence legislation, sentencing principles, and the judicial reasoning contained in the decision. The study argues that effective protection of child victims cannot be measured solely through the severity of imprisonment. Restitution, procedural protection, psychological recovery, and recognition of victims' long-term harm are equally important dimensions of justice. The case demonstrates the need to integrate punitive and restorative elements within the judicial response to sexual violence against children. The study contributes to the development of a victim-centred framework for sentencing in Indonesian child sexual-abuse cases.