Kebijakan Hukum Pidana Tentang Pemberian Restitusi Terhadap Korban Tindak Pidana Penganiayaan Berat

Abstract

Crime Serious maltreatment is a form of physical violence that results in physical, mental and economic harm, resulting in physical, mental and economic harm. Therefore, based on the principle of human rights that every person who is a victim of a criminal offence must receive restitution to compensate for the losses.incurred of a criminal offence must receive restitution, which is compensation given by the perpetrator or a third party to the victim and/or his/her family. Based on this, several problems were obtained, including Firstly, How.is.the Position of.Restitution.for Victims of Criminal Offences in the.Criminal.Justice System.in.Indonesia? Second, How is the Implementation of Restitution towards the Fulfilment of the Rights.of.Victims of Crime? Restitution towards the fulfilment of the rights of victims of serious offences? Third, How is the Criminal Law Policy on Granting Restitution to Victims of Serious Offences in the Indonesian.Criminal.Justice.System in the Future? Research This research uses a normative juridical method that method that emphasises on the study of literature (library research). The research.this research found that the position of restitution in the Indonesian criminal justice system is still unclear and not optimised in.accordance with the law. System still lacks clarity and is still not optimal in accordance with the theory of legal certainty. This is evidenced by the absence of a specific law regulating victim restitution. Law that specifically regulates victim restitution, this right is one of the findings in this research. Currently, restitution is a right, not an obligation. an obligation. .Therefore, its implementation has not been maximised in the Indonesian criminal justice environment. This is This is also due to the imperfection in the meaning of restitution plus the absence of a special law regulating restitution so that it is not maximally implemented by the Indonesian criminal justice system. Law that regulates restitution so that it is maximally implemented by law enforcers. So it is necessary for criminal law policy regarding the provision of restitution in the future to be preceded by strengthening the juridical position of restitution in the law. in the future is preceded by strengthening the juridical position of restitution in the a special law that is integrated and obeyed by all law enforcers, implementing asset tracking that is integrated with the law enforcement, implementing asset tracking which is carried out by the Investigator since the Investigation. In addition, in certain circumstances it is possible to conduct mediation for perpetrators who are unable to pay restitution, mediation for perpetrators who are unable to pay restitution, and change the status of restitution not as a right but as a right but an obligation in certain circumstances. So that the state must maximise the problem and realise strengthening the implementation of restitution in the Indonesian criminal justice system.