Executorial Power of Restitution against Actors as a Form of Crime Victims in Indonesia

Lusia Sulastri (Faculty of Law, Universitas Bhayangkara Jakarta Raya, Jakarta, Indonesia)
Bahtiyar Efendi (Fakultas Hukum, Universitas Islam Sultan Agung, Semarang, Indonesia)

Research Horizon
Vol. 3 No. 2 (2023)

The existence of Supreme Court Regulation Number 1 of 2022 Concerning Procedures for Completion of Applications and Granting Restitution and Compensation to Victims of Criminal Acts has, in fact, postponed the right of victims to ask for compensation from the perpetrators, but the perpetrators in this case alone cannot carry out the compensation that has been decided. Based on this, this study aims to examine the power of implementing restitution for perpetrators as a form of recovery for victims of criminal acts in Indonesia and the concept of effective restitution for perpetrators as a form of recovery for victims of criminal acts normatively. The research results show that restitution for perpetrators as a form of recovery for victims of criminal acts in Indonesia has weak executive power. The concept of effective restitution for perpetrators as a form of recovery for victims of criminal acts in Indonesia requires the concept of reward in return for good faith and punishment in the form of resolving certain rights, the concept of tracing assets and confiscation, and the authority of judges to calculate the victim's losses themselves.