Law and Justice Research Journal
Vol. 2 No. 1 (2026): January: Law and Justice research journal

Reconstruction of the Abolition of Compensation Pay-ments Towards Justice for Convicts

Aji Sumbara (Unknown)
Achmad Faishal (Unknown)
Suprapto Suprapto (Unknown)



Article Info

Publish Date
31 Jan 2026

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.

Copyrights © 2026






Journal Info

Abbrev

LJRJ

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Law and Justice research journal, This journal is intended for the publication of scientific articles published by the International Forum of Researchers and Lecturers. The journal reviews various aspects of international law such as human rights, international peace, dispute settlement, ...