One of the goals of legal development is to provide fair legal certainty and balance reflected in the outcome of the Judge's decision which constitutes a series of proceedings from investigation to socialization. But until now the point is not yet reached. Therefore, in order to understand the context, in this paper, it is conducted by using a socio-legal approach with an empirical juridical approach. In the concept of a lawful state, the principle of equality before of Law which means the equality of position within the law becomes absolute. Internationally the equality of position in law is also governed by international treaties. The equality of position in law should be adopted by all UN members and it must also be balanced between perpetrators, victims and communities. Therefore, the rights of the victims must also be considered and given. That is why the goal of justice is based on the principle of balance that is a national goal in addition to social defence, and social welfare. In the positive law in Indonesia, the rules of protection of the victims have been set, but that is still specific to each rule. Thus, it still requires a further process, not, or yet to be decided in a judicial process. Islam has also arranged how to provide guarantees to victims. However, of course, it must fulfil the requirements in accordance with the provisions in the Qur'an, and the Prophet Muhammad's Hadith. Therefore, it is necessary to have legal constructs in judicial process fairly; following the development of science; until it can understand the method of interpretation; see the specifics of things; the judge must be active by evaluating the social and cultural condition of the perpetrator and the victim with a balanced explanation or balanced treatment between the perpetrator and the victim. For that, it is necessary to reconstruct the law to obtain a clear criminal stelsel rule that can be used as a benchmark for criminal and criminal proceedings. Thus, what is expected can be fulfilled by the criminal process and righteous judgment with orientation on the basis of the balance.