Legal Politics and the Fulfilment of Restitution Rights for Rape Victims under the Qanun Jinayat of Aceh

Abstract

The fulfilment of restitution rights for victims of rape constitutes a critical component of victim protection, human rights realization, and substantive justice, particularly within legal systems that address sexual violence through specialised normative frameworks. This article examines the political and legal dimensions governing the implementation of restitution for rape victims in Aceh under the Qanun Jinayat. Restitution is analysed as a compensatory mechanism intended to address the physical, psychological, and social harm suffered by victims, many of whom belong to structurally vulnerable groups. Using a normative juridical methodology informed by theories of legal politics, the article explores both the regulatory design and practical application of restitution within the Aceh legal system. Particular attention is given to judicial practice in rape cases adjudicated under the Qanun Jinayat, assessing how restitution is interpreted and applied by judges as an additional form of punishment imposed on perpetrators. The analysis reveals that, although restitution is formally recognised within the Qanun Jinayat framework, its implementation remains limited and procedurally burdensome. Complex requirements, institutional constraints, and procedural inefficiencies significantly impede victims’ ability to obtain effective compensation. The article further interrogates whether restitution, when positioned as an ancillary criminal sanction rather than as a victim-centred right, is capable of fulfilling the substantive sense of justice owed to rape victims. While acknowledging these shortcomings, the article situates the Qanun Jinayat within the broader context of legal politics, interpreting it as a state policy aimed at ensuring legal certainty and moral accountability within Aceh’s special autonomy framework. The article concludes that, although the current restitution mechanism under the Qanun Jinayat has not yet achieved its intended protective function, it provides a foundational legal structure that may be strengthened through reform, clearer procedural guidance, and a stronger victim-oriented implementation strategy.