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Journal : Unes Law Review

The Process of Applying for Protection of Victims' Rights through the Witness and Victim Protection Agency (LPSK) Aziz Hasibuan, Muhammad Anwar; Koto, Ismail
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1685

Abstract

The importance of legal protection for each community is one of the reasons for the issuance of Law Number 13/2006 on Witness and Victim Protection which was enacted on 11 August 2006. This research aims to find out, how the regulations related to victim protection in Indonesia. Then, how is the process of applying for protection of victims' rights through LPSK and finally, how is the influence of the protection provided by LPSK on victims for law enforcement. This research uses a normative method. The procedure for providing protection to witnesses and victims as regulated in Article 28 to Article 32 of Law Number 13 Year 2006 is a process that includes various procedures and requirements that must be fulfilled by witnesses and victims to be able to get protection from LPSK which is sometimes difficult for witnesses and victims. The influence of the Witness and Victim Protection Agency (LPSK) in protecting witnesses and victims has not been maximised, due to the lack of socialisation in the community, especially in the regions, about the existence of the Witness and Victim Protection Agency as an institution tasked with protecting witnesses and victims.
Kebijakan Hukum terhadap Problematika Pemberian Pemenuhan Hak Restitusi Korban Tindak pidana yang diatur KUHAP dan diluar KUHAP Alyafedri, Youfan; Koto, Ismail
UNES Law Review Vol. 6 No. 4 (2024): UNES LAW REVIEW (Juni 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2006

Abstract

Restitution is compensation given to the victim or their family by the perpetrator or a third party. Victims of criminal acts that can be given restitution are criminal acts of serious human rights violations, terrorism, human trafficking, racial and ethnic discrimination, criminal acts related to children, as well as other criminal acts determined by the LPSK Decree in accordance with the provisions of statutory regulations. . Of course, fulfilling the right to restitution for victims of criminal acts has several problems which are sometimes very detrimental to victims of criminal acts. Providing restitution still has not received attention from the government. It is still not balanced when compared with attention to perpetrators of criminal acts. The aim of this research is 1) to find out arrangements for providing restitution for victims of criminal acts. 2) to find out the implementation of providing restitution as a fulfillment of the rights of victims of criminal acts according to the KUHAP and outside the KUHAP, and 3) to find out the problems of giving the right to restitution to victims of criminal acts regulated by the KUHAP and outside the KUHAP. The method used is normative juridical research. The results of the research show that 1) Arrangements for providing restitution for victims of criminal acts have of course been regulated in the Criminal Procedure Code, namely in article 98, while outside the Criminal Procedure Code, regulations relating to restitution are regulated, one of which is stipulated in Supreme Court Regulation Number 1 of 2022. 2) Implementation of providing restitution in fulfillment of The rights of victims of criminal acts can be exercised in 2 ways, namely before the decision has permanent legal force and after the decision has permanent legal force. 3) The problem of granting restitution rights to victims of criminal acts is of course 3 factors, namely legal factors, law enforcement factors and community factors.
The Process of Applying for Protection of Victims' Rights through the Witness and Victim Protection Agency (LPSK) Aziz Hasibuan, Muhammad Anwar; Koto, Ismail
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1685

Abstract

The importance of legal protection for each community is one of the reasons for the issuance of Law Number 13/2006 on Witness and Victim Protection which was enacted on 11 August 2006. This research aims to find out, how the regulations related to victim protection in Indonesia. Then, how is the process of applying for protection of victims' rights through LPSK and finally, how is the influence of the protection provided by LPSK on victims for law enforcement. This research uses a normative method. The procedure for providing protection to witnesses and victims as regulated in Article 28 to Article 32 of Law Number 13 Year 2006 is a process that includes various procedures and requirements that must be fulfilled by witnesses and victims to be able to get protection from LPSK which is sometimes difficult for witnesses and victims. The influence of the Witness and Victim Protection Agency (LPSK) in protecting witnesses and victims has not been maximised, due to the lack of socialisation in the community, especially in the regions, about the existence of the Witness and Victim Protection Agency as an institution tasked with protecting witnesses and victims.
Kebijakan Hukum terhadap Problematika Pemberian Pemenuhan Hak Restitusi Korban Tindak pidana yang diatur KUHAP dan diluar KUHAP Alyafedri, Youfan; Koto, Ismail
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2006

Abstract

Restitution is compensation given to the victim or their family by the perpetrator or a third party. Victims of criminal acts that can be given restitution are criminal acts of serious human rights violations, terrorism, human trafficking, racial and ethnic discrimination, criminal acts related to children, as well as other criminal acts determined by the LPSK Decree in accordance with the provisions of statutory regulations. . Of course, fulfilling the right to restitution for victims of criminal acts has several problems which are sometimes very detrimental to victims of criminal acts. Providing restitution still has not received attention from the government. It is still not balanced when compared with attention to perpetrators of criminal acts. The aim of this research is 1) to find out arrangements for providing restitution for victims of criminal acts. 2) to find out the implementation of providing restitution as a fulfillment of the rights of victims of criminal acts according to the KUHAP and outside the KUHAP, and 3) to find out the problems of giving the right to restitution to victims of criminal acts regulated by the KUHAP and outside the KUHAP. The method used is normative juridical research. The results of the research show that 1) Arrangements for providing restitution for victims of criminal acts have of course been regulated in the Criminal Procedure Code, namely in article 98, while outside the Criminal Procedure Code, regulations relating to restitution are regulated, one of which is stipulated in Supreme Court Regulation Number 1 of 2022. 2) Implementation of providing restitution in fulfillment of The rights of victims of criminal acts can be exercised in 2 ways, namely before the decision has permanent legal force and after the decision has permanent legal force. 3) The problem of granting restitution rights to victims of criminal acts is of course 3 factors, namely legal factors, law enforcement factors and community factors.