Konsep Retributive Justice Dalam Perspektif Jeremy Bentham Relevansinya Terkait Pemenuhan Hak Bagi Korban Kekerasan Seksual

Abstract

The research problem in this journal is that retributive justice rarely receives attention in providing rights to victims of criminal acts of sexual violence. Legal defenders only focus on how to enforce sanctions against perpetrators of criminal acts of sexual violence, without paying attention to the rights of victims as stipulated in Article 5 of Law Number 31 of 2014. The aim of the research in this journal is to study and analyze the concept of retributive justice in Jeremy Bentham's perspective, its relevance is related to providing rights for victims of sexual violence and to studying and analyzing the legal consequences if retributive justice in Jeremy Bentham's perspective cannot be applied in providing rights for victims of sexual violence.

The research method, namely in the form of research specifications used by the author, is descriptive analysis, while the approach method used by the author is normative juridical. The research stage carried out by the author was the library stage which consisted of primary, secondary and tertiary materials, then the field stage. The analytical method used by the author is qualitative juridical.

The results of the research show that retributive justice in Jeremy Bentham's perspective is relevant in relation to the rights of victims of sexual violence, namely the emphasis on punishment commensurate with the crime committed so that retributive justice guarantees that victims of sexual violence have adequate access to justice, protection and support. The legal consequences if retributive justice in Jeremy Bentham's perspective cannot be applied in containing the rights of victims of sexual violence are a lack of justice, reduced community response, no deterrent effect, lack of recovery, and distrust of the justice system.