Iksan, Muchamad and , Prof. Dr. Khudzaifah Dimyati, S.H., M.Hum. and , rof. Dr. Supanto, S.H., M.Hum. and , Dr. Natangsa Surbakti, S.H., M.Hum. (2022) Perlindungan Hukum Korban Kejahatan: Rekonstruksi Sanksi Pidana Pembayaran Ganti Kerugian Untuk Mewujudkan Restorative Justice. Disertasi thesis, Universitas Muhammadiyah Surakarta.
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Abstract
Reconstruction of Criminal Sanctions for Payment of Compensation to Realize Restorative Justice” is motivated by concerns about Indonesia's positive criminal law system which still does not provide protection for victims of criminal acts. The problems of this dissertation research 1) How is the construction of positive criminal law policies in providing protection to victims of criminal acts (crimes)? and 2). How is the reconstruction of the protection of victims of criminal acts through criminal sanctions for payment of compensation as an effort to realize restorative justice? This research uses a normative/doctrinal approach, with a descriptive type. The type of data required is secondary data (primary legal materials, secondary legal materials, and tertiary legal materials). Data were collected by library research, and analyzed qualitatively and deductively drawing conclusions. Positive criminal law policies have provided protection for victims of criminal acts, both through material criminal law by criminalizing, as well as by providing victims' rights and the rules of criminal procedural law. This policy is contained in the Criminal Code, the Criminal Procedure Code, the Special Criminal Law, and has become wider and stronger after the promulgation of Law no. 13 of 2006 concerning the Protection of Witnesses and Victims jo. UU no. 31 of 2014 concerning Amendments to Law no. 13 of 2006. The above criminal law policies from the perspective of the theory of legal objectives/functions, the theory of the purpose of punishment (integrative), as well as the theory of the legal system and the theory/concept of progressive law, still do not provide justice for crime victims who suffer losses, especially material losses. financial. The justice resulting from the law has not been able to restore/recover losses for the victim (restorative justice). The idea of reconstructing legal protection for victims of criminal acts (crimes) by adding basic criminal sanctions in the form of sanctions for payment of compensation (restitution) in the Criminal Code imposed on defendants to be paid to victims of crimes, which are threatened cumulatively for all criminal acts that actually cause harm to the victim. , to realize restorative justice (justice that restores the loss of victims and the balance that is disturbed due to criminal acts). The rational arguments that support the idea of reconstruction are supported by the following arguments: 1) sociological, 2) political, 3) practical, 4) the ideology of Pancasila, and 5) global/international considerations. The idea of reconstructing criminal sanctions from the perspective of the theory of legal purposes/functions, is more able to realize justice, legal certainty, and benefit. From the combined/integrative punishment theory, the criminal sanction of paying compensation is more able to realize the purpose of punishment. The idea of reconstructing criminal sanctions is also in accordance with progressive legal theories/ideas, breaking the established system of compensation sanctions as first-line sanctions that are withdrawn into criminal sanctions.
| Item Type: | Thesis (Disertasi) |
|---|---|
| Uncontrolled Keywords: | victims of crime, reconstruction, compensation sanctions, restorative justice. |
| Subjects: | K Law > KI Indonesia Law |
| Divisions: | Fakultas Pasca Sarjana > Program Doktor (S3) Ilmu Hukum |
| Depositing User: | Ari Fatmawati |
| Date Deposited: | 18 Jan 2024 03:23 |
| Last Modified: | 18 Jan 2024 03:23 |
| URI: | http://eprints.ums.ac.id/id/eprint/119743 |
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