RechtIdee
Vol 20, No 2 (2025): DECEMBER

Juridical Implication of the Legal Vacuum in Providing Compensation in Lieu of Restitution

Fibriansyah, Ryan Ilham (Unknown)
Aprilianda, Nurini (Unknown)
Ahmad, Nadzriah (Unknown)



Article Info

Publish Date
31 Dec 2025

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. 

Copyrights © 2025






Journal Info

Abbrev

rechtidee

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

RechtIdee is published twice a year in June and December containing articles result of thought and researchs in law. This journal encompasses original research articles, review articles, and short communications, including: Private Law Penal Law State and Administrative Law International Law Islamic ...