Yuridika
Vol. 41 No. 3 (2026): Volume 41 No 3 September 2026

Building an Ideal Model of a Restitution Mechanism as a Means of Restoring The Rights of Victims of Corruption Offences

Ali Fikri (Kejaksaan Republik Indonesia)
Nur Basuki Minarno (Universitas Airlangga)
Maradona (Universitas Airlangga)



Article Info

Publish Date
30 Sep 2026

Abstract

Corruption is a criminal act that not only causes losses to the state but also results in suffering for individuals and/or communities. In addition to education and prevention, these efforts include imprisonment, fines, compensation payments, and asset confiscation. However, as seekers of justice, the rights of victims harmed by corruption offences often do not receive the same degree of attention as the rights of perpetrators. In fact, Article 35 of the United Nations Convention Against Corruption (UNCAC) places an obligation on State Parties to ensure that entities or individuals who suffer damage as a result of corruption offences are able to initiate legal proceedings against the perpetrators to obtain compensation.Through a normative legal approach, this paper examines the normative rules and legal basis for restoring the rights of victims of corruption offences within Indonesia’s statutory framework, and discusses alternative strategies and solutions for restoring said victims’ rights. The findings show that there is currently no specific regulation governing mechanisms for recovering the losses suffered by individual victims or communities due to corruption offences. Therefore, legal protection for victims of corruption is necessary through a regulatory strengthening strategy related to compensation for victims in the form of restitution. The imposition of restitution as a form of compensation for victims of corruption offences needs to be accommodated as an additional penalty in the anti-corruption law so that it may serve as an important step toward achieving justice and utility, as well as increasing the effectiveness of corruption eradication in Indonesia through the expansion of additional types of penalty for corrupt actors.

Copyrights © 2026






Journal Info

Abbrev

YDK

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of Yuridika article concerns dogmatic legal studies, this is the procedure of scientific research to find the truth of the logic of the dogmatic legal studies, particulary in developing and emerging countries. These may include but are not limited to various field such as : 1 Criminal Law; ...