Asry Alkazahfa
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Navigating Victim Compensation Funds In Indonesian Criminal Justice System: An Analysis of Institutional Integration and Fragmentation Tjokorda Istri Diah Candra Permatasari; Asry Alkazahfa
Brawijaya Law Journal Vol. 13 No. 1 (2026): Contemporary Trends in Criminal Law Reform: Procedural Innovations, Rights, an
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2026.013.01.05

Abstract

Victim recovery has received attention in the criminal justice system of Indonesia. In this context, the provision of financial assistance to crime victims through Dana Bantuan Korban (Victim Trust Fund) scheme is an important progressive initiative. The scheme was first introduced in Law Number 12 of 2022 on Sexual Violence Crimes (TPKS Law) as a replacement mechanism for restitution that perpetrators could not pay. This concept was adopted in the newly enacted Criminal Procedure Code (Law Number 20 of 2025 or KUHAP) with the term “Dana Abadi” or Endowment Fund, which applied more broadly to all victims of crime. Conceptually, different scopes and governance are reported even though both schemes regulate funds for victims. Dana Bantuan Korban in TPKS Law was used for restitution of underpayments, meanwhile Dana Abadi in KUHAP was used for restitution, compensation, and rehabilitation of perpetrators due to miscarriage of justice. Furthermore, funding sources and management institutions were regulated differently and delegated through separate government regulations. Therefore, this research aimed to map victim fund system under Indonesian law and analyze the integrative framework for institutional integration. A doctrinal legal research method was used to examine the regulation of victim fund system in the legal frameworks of Indonesia and several other countries. The collected materials were subjected to qualitative analysis using statute approach and conceptual approach. The result showed the need to improve the governance of schemes scattered across various regulations and ensure the integration management of victim fund under one institution.