Lampung Journal of International Law (LaJIL)
Vol. 8 No. 1 (2026)

Model for Fulfilling Victims' Right to Restitution through the Application of Dwangsom as a Rule-Breaking Mechanism in Judicial Decisions

Andi Hakim Lubis (Universitas Medan Area)
Nanang Tomi Sitorus (Universitas Medan Area)
Khairil Fauzan K (Universitas Medan Area)
Ong Argo Victoria (International Islamic University Malaysia)
Windy Sri Wahyuni (Universitas Medan Area)



Article Info

Publish Date
20 Oct 2026

Abstract

Data from Indonesia’s Witness and Victim Protection Agency (LPSK) reveal persistently low restitution payments: 7.5% of court-ordered restitution was paid in 2021, none in 2022, approximately 5% in 2023, and 6% in 2024. This gap between judicial recognition and actual enforcement of victims’ rights raises concerns about access to restitution and compliance with international principles, particularly the 1985 United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power. Using a normative juridical method with statutory and conceptual approaches, this study examines the potential of dwangsom (coercive fines) to strengthen restitution enforcement and advance rehabilitative justice. It argues that incorporating dwangsom into judicial decisions could improve compliance and translate victims’ formally recognized rights into effective remedies, contributing to broader discussions on reparation and access to justice.

Copyrights © 2026






Journal Info

Abbrev

lajil

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The Lampung Journal of International Law or abbreviated as LaJIL, is an international journal published by the Faculty of Law, University of Lampung. The scope of this Journal is the development of international law sciences. LaJIL is a means of publication from results of the research, and a means ...