PEMBAHARUAN MEKANISME DALAM UPAYA GANTI KERUGIAN KORBAN TINDAK PIDANA
| Main Author: | Siburian, Riskyanti Juniver |
|---|---|
| Format: | Book application/pdf Journal |
| Terbitan: |
UI Scholars Hub
, 2022
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| Subjects: | |
| Online Access: |
https://scholarhub.ui.ac.id/iclr/vol1/iss2/4 https://scholarhub.ui.ac.id/cgi/viewcontent.cgi?article=1013&context=iclr |
Daftar Isi:
- A victim of crime is a person who suffers from physical pain, mental suffering, and/or financial loss. However, based on the criminal law system, a victim is presented in a trial as an evidence. Therefore, the purposes of this research are: 1) to understand the mechanism of compensation for victims of crime; and, 2) to discover how the regulation of returning the loss on account from a criminal act should be in the future. This research is a normative research. From this research, it is known that: 1) A victim has the chance to get the return of losses happened because of the criminal act by making a sure through a civil law procedure, the merger of lawsuit in a criminal case, and also restitution and state compensation which there’s a dependency towards public prosecutor’s roles; 2) Current regulation is not yet favors criminal victim’s needs as the mechanism has to be through the Public Prosecutor. Future legislation might consider to input Victim Impact Statement into the criminal justice procedure, establish specific arrangement relating to the continuation of how restitution as additional criminal sanction (Article 66 section (1) RKUHP) implemented, along with providing state compensation that isn’t limited for victims of gross violation of human rights and terrorism. Keywords: Compensation; Criminal System; Victim of Crime; Victimology