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Reconstruction of the Abolition of Compensation Pay-ments Towards Justice for Convicts Aji Sumbara; Achmad Faishal; Suprapto Suprapto
Law and Justice research journal Vol. 2 No. 1 (2026): January: Law and Justice research journal
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/ljrj.v2i1.121

Abstract

This study explores the reconstruction of the abolition of compensation payments to foster justice for convicts, specifically evaluating the intersection between Law No. 31 of 1999 and Law No. 20 of 2001. The research addresses the persistent legal dilemma where state loss recovery mechanisms often overlook the fundamental rights and socio-economic realities of prisoners. Under the current regime, the imposition of substitute imprisonment for unpaid financial obligations is perceived as a "layered punishment" that undermines human dignity and fails to reflect proportional justice. The analysis reveals that the retributive orientation established in Law No. 31 of 1999 results in a "lose-lose" outcome: the state remains uncompensated while the financial burden of correctional costs increases due to extended incarceration. By integrating the fiscal and state financial management principles found in Law No. 20 of 2001, this research proposes a shift toward more proportional and restorative asset recovery. The study concludes that the role of the Prosecutor must be reoriented toward accurate asset tracing and the implementation of humane payment schemes. Future legal reforms must ensure that the state's interest in fiscal restoration does not sacrifice the convict's basic rights, prioritizing distributive justice to create a more humane anti-corruption framework.
Fungsi Notaris dalam Pembuatan Akta Fidusia Terkait Perkara yang Diselesaikan melalui Restorative Justice Fiorentina Fiorentina; Achmad Faishal
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10162

Abstract

Although restorative justice (RJ) has been adopted in criminal law enforcement in Indonesia, the resulting settlement agreements often lack executorial force, leaving victims in legal uncertainty. This study aims to analyze the legal position of the Fiduciary Deed in supporting the RJ Settlement Deed and to construct an ideal legal framework for synchronizing the two deeds. This study used a normative legal method with statutory and conceptual approaches. Legal materials were collected through library research and analyzed prescriptively using the deductive method. The results show that the Fiduciary Deed, as an accessory agreement, fundamentally transforms the victim’s position from complainant to preferred creditor, converts the promise of compensation into a security right in rem, and provides executorial force equivalent to a court decision. Following Constitutional Court Decision No. 18/PUU-XVII/2019, notaries play a strategic role in formulating adaptive default clauses. This study also identifies three integration models, with the Notarial Settlement Deed model as the model with the strongest legal force. The conclusion of this study emphasizes the importance of the Fiduciary Deed as a legal instrument that provides executorial power to settlement agreements in RJ, so that the objective of victim recovery can be realized more certainly and quickly. The implications of this study include recommendations for amending the Fiduciary Security Law, revising Perpol No. 8/2021, issuing a Joint Regulation, and opening new professional and economic spaces for notaries.