In Dubio Pro Victima: Dialektika Antara Asas Praduga Tak Bersalah dan Keadilan bagi Korban dalam Sistem Peradilan Pidana Indonesia

Abstract

The principle of in dubio pro reo is a fundamental doctrine in Indonesian criminal law, emphasizing the presumption of innocence and requiring that doubt benefit the accused. However, this principle often conflicts with the rights and protection of victims, particularly in cases involving sexual violence and environmental crimes. This study explores the emerging concept of in dubio pro victima as a counterbalance to ensure justice for victims. Employing a normative juridical method, the research examines statutory frameworks, judicial decisions, and scholarly discourse to analyze the dialectic tension between protecting the accused and safeguarding victims. The findings show that excessive emphasis on the presumption of innocence can marginalize victims and hinder access to justice. The study concludes that integrating in dubio pro victima into judicial reasoning is necessary to foster a more victim-centered approach, without disregarding fair trial principles. Legal reform and judicial discretion are key to achieving this balance.