This Author published in this journals
All Journal Yuridika
Ali Fikri
Kejaksaan Republik Indonesia

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

Building an Ideal Model of a Restitution Mechanism as a Means of Restoring The Rights of Victims of Corruption Offences Ali Fikri; Nur Basuki Minarno; Maradona
Yuridika Vol. 41 No. 3 (2026): Volume 41 No 3 September 2026
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v41i3.84301

Abstract

Corruption is a criminal act that not only causes losses to the state but also results in suffering for individuals and/or communities. In addition to education and prevention, these efforts include imprisonment, fines, compensation payments, and asset confiscation. However, as seekers of justice, the rights of victims harmed by corruption offences often do not receive the same degree of attention as the rights of perpetrators. In fact, Article 35 of the United Nations Convention Against Corruption (UNCAC) places an obligation on State Parties to ensure that entities or individuals who suffer damage as a result of corruption offences are able to initiate legal proceedings against the perpetrators to obtain compensation.Through a normative legal approach, this paper examines the normative rules and legal basis for restoring the rights of victims of corruption offences within Indonesia’s statutory framework, and discusses alternative strategies and solutions for restoring said victims’ rights. The findings show that there is currently no specific regulation governing mechanisms for recovering the losses suffered by individual victims or communities due to corruption offences. Therefore, legal protection for victims of corruption is necessary through a regulatory strengthening strategy related to compensation for victims in the form of restitution. The imposition of restitution as a form of compensation for victims of corruption offences needs to be accommodated as an additional penalty in the anti-corruption law so that it may serve as an important step toward achieving justice and utility, as well as increasing the effectiveness of corruption eradication in Indonesia through the expansion of additional types of penalty for corrupt actors.