Inability Formulation of Perpetrators to Pay Restitution to Children Victims of Sexual Exploitation

Abstract

This study aims to determine, analyze, and formulate whether the State can pay off restitution that cannot be paid by the perpetrators to children who are victims of the crime of sexual exploitation; and formulate the formulation of provisions regarding the provision of compensation to children victims of the crime of sexual exploitation who cannot obtain restitution because the perpetrator is unable to pay in order to comply with the principles of non-discrimination. This study is an example of normative legal research, employing a statutory and conceptual approach. In this study, the author employs a systematic and theological interpretation approach to the analysis of legal materials. According to the findings of the study, the State could compensate criminals for their inability to pay restitution by providing them with a nominal sum of money. However, this compensation is only available for heinous human rights violations and acts of terrorism. In addition to gross human rights violations and terrorism, this has led to new problems, including injustice for victims, particularly children who are victims of sexual exploitation, who do not receive compensation because the perpetrators cannot pay them.