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All Journal Jurnal Media Hukum RechtIdee
Fibriansyah, Ryan Ilham
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Law, Crime, Criminology & Criminal Justice

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Implications of Legal Loophole concerning Liability over Delay in Restitution Payment by Criminal Offender Aprilianda, Nurini; Fibriansyah, Ryan Ilham
Jurnal Media Hukum Volume 28, Number 1, June 2021
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v28i1.10411

Abstract

Crime is harmful to society, especially to the victims. Legal protection should be taken into account to help the victims recover from the loss suffered. The protection can be made through the payment of restitution by either the offender or the third party. Such an issue has been addressed in the existing law, especially the Witness and Victim Protection Act 2014 (Amendment) and the Government Regulation No. 7 of 2018 concerning Compensation, Restitution, and Aid for Witness and Victim. Unfortunately, they do not impose any sanction over the delay in restitution payment by the third party or the offender. This paper aims at discussing the implication of this legal loophole. This normative legal research employs a statutory approach. It is found that the legal loophole has exposed the victims to secondary victimization due to uncertainty and injustice.
Juridical Implication of the Legal Vacuum in Providing Compensation in Lieu of Restitution Fibriansyah, Ryan Ilham; Aprilianda, Nurini; Ahmad, Nadzriah
RechtIdee Vol 20, No 2 (2025): DECEMBER
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v20i2.22001

Abstract

Criminal offenses position victims as aggrieved parties affected by crimes committed against them. The protection and recovery measures for the losses victims bear should guarantee justice, ensuring victims receive compensation for the harm caused. Law No. 1 of 2023 concerning the Indonesian Penal Code implies that compensation is an additional punishment imposed on the defendant. However, imprisonment, supervision, or community service are only applied if the defendant cannot provide compensation, failing to guarantee the compensation the victim is entitled to, as outlined in the court decision. In such cases, state involvement is required. This research aims to examine juridical implications of the legal vacuum in providing compensation in lieu of restitution. Using a normative method with statutory and analytical approaches, and grammatical and teleological interpretations, the study reveals that the absence of specific regulations leads to injustice, legal disadvantages, and legal uncertainty affecting victims of criminal offenses, particularly regarding their right to restitution. 
Co-Authors Ahmad, Nadzriah Nurini Aprilianda