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All Journal Delicti : Jurnal Hukum Pidana Dan Kriminologi Kertha Patrika Open Access DRIVERset
Ni Putu Tya Suindrayani
Fakultas Hukum Universitas Nusa Cendana
Law, Crime, Criminology & Criminal Justice

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Discourse on the Role of Victim Advocates in the Concept of Plea Bargaining: Towards Restorative Justice? Ni Putu Tya Suindrayani; Rahmat Angga Dwi Putra; Tomi Agi Fratama; Putri Mega Silvia Pa
Kertha Patrika Vol. 47 No. 3 (2025): Reinterpreted Civil, Administrative, and Criminal Law into Indonesia Legal Dev
Publisher : Faculty of Law, Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2025.v47.i03.p02

Abstract

The purpose of this research is to examine how the discourse on the role of victim advocates in the concept of plea bargaining as an attempt to achieve restorative justice in the adjudication of criminal cases in Indonesia. The methodology used is qualitative research with a non-doctrinal normative legal research method, as well as a regulatory and conceptual approach. The results of this study reveal a discourse on the situation of victim advocates in the current Indonesian criminal justice system, followed by a critical review of the concept of plea bargaining in the criminal justice system, and attempts to achieve restorative justice for victims by strengthening the role of victim advocates through its implementation in the concept of plea bargaining. Thus, the concept of plea bargaining not only prioritizes the interests of the defendant, but also serves as an alternative pathway to achieve recovery for victims of crime.
Discourse on the Role of Victim Advocates in the Concept of Plea Bargaining: Towards Restorative Justice? Ni Putu Tya Suindrayani; Rahmat Angga Dwi Putra; Tomi Agi Fratama; Putri Mega Silvia Pa
Kertha Patrika Vol. 47 No. 3 (2025): Reinterpreted Civil, Administrative, and Criminal Law into Indonesia Legal Dev
Publisher : Faculty of Law, Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2025.v47.i03.p02

Abstract

The purpose of this research is to examine how the discourse on the role of victim advocates in the concept of plea bargaining as an attempt to achieve restorative justice in the adjudication of criminal cases in Indonesia. The methodology used is qualitative research with a non-doctrinal normative legal research method, as well as a regulatory and conceptual approach. The results of this study reveal a discourse on the situation of victim advocates in the current Indonesian criminal justice system, followed by a critical review of the concept of plea bargaining in the criminal justice system, and attempts to achieve restorative justice for victims by strengthening the role of victim advocates through its implementation in the concept of plea bargaining. Thus, the concept of plea bargaining not only prioritizes the interests of the defendant, but also serves as an alternative pathway to achieve recovery for victims of crime.
Model Perlindungan Berlapis : Tata Kelola Migrasi Pekerja Migran Sebagai Upaya Dekonstruksi Pencegahan Perdagangan Orang Ni Putu Tya Suindrayani; I Kadek Sudiarsana
Delicti : Jurnal Hukum Pidana Dan Kriminologi Vol. 4 No. 1 (2026)
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/delicti.v.4.i.1.p.140 - 153.2026

Abstract

This study questions the remittance-focused policy paradigm, where economic interests often overshadow essential protections for migrant workers. The state tends to respond reactively (repatriating victims) after exploitation occurs, rather than adopting preventive measures to stop people from falling prey to human trafficking. Using a qualitative method and a normative juridical approach that is both descriptive and prescriptive, this study identifies significant legal gaps that call for tighter regulation. It emphasizes the urgent need for policy reform, shifting from a model that views "placement as a source of foreign exchange" to a proactive, human rights-based protection framework and suggests a comprehensive protection model covering the entire migrant worker cycle, from prerecruitment to postplacement. The findings expose regulatory gaps related to recruitment crimes, a tendency to criminalize migrant workers who bypass official procedures, and a lack of coherence in criminal justice policies all of which create opportunities for exploitation by transnational syndicates. To break the cycle of modern slavery, this study calls on the state to become a proactive protector that prioritizes human rights above all else. Additionally, it proposes an operational framework a multi-layered protection model covering five key stages: predeparture, transit, destination country, repatriation, and postrepatriation. These efforts must be supported by legal reforms, strong action against corporate offenders, international diplomacy, and grassroots community empowerment, ensuring human dignity is no longer diminished by mere economic commodification
Co-Authors I Kadek Sudiarsana Putri Mega Silvia Pa Rahmat Angga Dwi Putra Tomi Agi Fratama