Iqbal Kamalludin, Ani Purwanti, R.B Sularto, Vasyl Berezniak, Valentyn

2025.12.29Jurnal Hukum Islam

DOI: 10.28918/jhi.v23i2.04

Abstract

Sexual violence has long-term impacts on victims, yet state-provided recovery funds remain suboptimal. This study analyzes the existing mechanisms for assistance provided to victims of sexual violence in Indonesia and examines the concept of collective responsibility in Islamic criminal law as a normative basis for designing a victim-oriented, digital-based Victim Trust Fund that is compliant with Sharia principles. Adopting doctrinal legal methods with statute, conceptual, and comparative approaches, the discussion focuses on the compatibility between positive legal norms, Islamic criminal law doctrine, and digital innovation. The research findings indicate that the mechanism for providing victim compensation funds is still highly dependent on the perpetrator’s capacity and does not fully guarantee sustainable victim recovery. In this context, the principle of collective responsibility in Islamic criminal law, particularly the concept of ‘āqilah, can be reconstructed as a normative basis for a perpetrator-independent, collective victim recovery funding mechanism. The novelty of this study lies in the conceptual formulation of the Digital Victim Trust Fund, which positions the state and society as modern ‘āqilah within the positive law framework of Indonesia. This study concludes that integrating Islamic criminal law and digital technology can expand access to sustainable victim recovery and strengthen the victim-centered justice orientation in criminal justice system reform. These findings enrich the discourse of criminal law based on restorative justice and open up space for developing more adaptive and recovery-oriented victim protection policies.

Citation format

KAMALLUDIN, Iqbal, et al. Designing a digital trust fund for the justice for sexual violence victims based on islamic criminal law. Jurnal Hukum Islam, 2025.