Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 24 No. 1 (2025): Pena Justisia

Restitution in Juvenile Criminal Cases: A Proposed Amendment to Government Regulation No. 43/2017 in Light of International Legal Principles

Fernanda, Vuzio (Unknown)
Hafrida (Unknown)
Lasmadi, Sahuri (Unknown)



Article Info

Publish Date
08 Jul 2025

Abstract

This article analyses how Government Regulation Number 43/2017 shall be amended on international human rights law. It is needed since this regulation does not further regulate the offender's responsibility due to the offender's economic inability. The article implements normative research based on the UNCRC, the Chorzow Factory Case, jurisprudence from the ECHR Case Law, and the UNGA Resolution 40/34. This article consists of three discussions. The first discussion implements the provisions of the UNCRC in proposing how the government regulation shall be amended. Meanwhile, the second discussion suggests how the regulation shall be amended based on international case laws. Finally, the third discussion enhanced the previous two discussions by implementing the UNGA Resolution 40/34. Indonesia shall amend the provisions under Articles 19-22 of the regulation to ensure the full reparation of the victim and the perpetrator’s responsibility is fulfilled. This article also suggests that Indonesia shall consider the offender's and the victim’s conflicting interests. The third discussion suggested the LPSK to be the authorized organ to pay the restitution to the victim in the case where the offender or convicted is unable to fulfill the responsibility.

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Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...