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Reconstructing The Role of Confiscation and Seizure in Realizing The Right to Restitution for Victims of Criminal Acts Ubwarin, Erwin; Nelson, Febby Mutiara; Jatna, R Narendra; Soplantila, Valentino Dinatra
LAW REFORM Vol 22, No 1 (2026)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v22i1.73378

Abstract

The National Criminal Code (KUHP) and Law No.20 of 2025 concerning the Criminal Procedure Code (KUHAP) have strengthened the recognition of victims’ rights, particularly with regard to restitution as an additional punishment. In practice, however, restitution has not been implemented optimally, resulting in many victims failing to obtain adequate compensation. The aims of this study are: 1) to identify and analyse the role of conventional seizure as evidence, and 2) to analyse and formulate the role of modern seizure as an instrument for restoring victims’ rights. Employing a doctrinal approach, this research produces descriptive legal analysis and prescriptive recommendations by formulating an expanded concept of seizure. The findings indicate that both the KUHP and the KUHAP regulate restitution as a victim’s right to material and immaterial compensation and recognise seizure as a legal instrument. However, there is no explicit regulation linking seizure directly to the fulfilment of restitution. Consequently, restitution remains difficult to enforce when perpetrators lack assets or refuse to comply. The study concludes that the concept of seizure must be expanded to include the broader seizure of perpetrators’ assets and the possibility of state-funded compensation to ensure that victims’ restitution rights are realised effectively, fairly and enforceably.
Penyuluhan Hukum Bebas Korupsi dan Tertib Administrasi Kepada Pemerintah Ohoi Ohoiren Sarkol, Tarsius; Ayomi, Paulus Karmel; Ubwarin, Erwin; Ramschie, Jefta
AIWADTHU: Jurnal Pengabdian Hukum Vol. 1 No. 1 (2021): Volume 1 Nomor 1, Maret 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (566.814 KB) | DOI: 10.47268/aiwadthu.v1i1.487

Abstract

Introduction: Poor administrative management levels will lead to maladministration which leads to criminal acts of corruption, so there must be counseling on orderly administration and legal culture.Purposes of the Research:  Community service at Ohoi Ohoiren is to improve administrative order in village management and enhance the legal culture Methods: In this service, we use community service methods, namely extension methods, design thinking, and role play.Results / Findings / Novelty of the Research: The people of the Kei Islands are still thick with traditional life, villages or Ohoi must be managed with good Ohoi governance, with good village administration system counseling and legal culture, it is hoped that the Ohoi Ohoiren community and Government can be better at using village funds and development in Ohoi.