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VOL. 7, ISSUE 4 (2021)
Position of individual victims in the criminal judicial processes in Indonesia
Authors
Ikhwaluddin Simatupang, Sri Endah Wahyuningsih, Anis Mashdurohatun
Abstract
The regulation of the rights of victims of the prosecution of defendants in criminal procedural law in Indonesia has not been adequate. The purpose of this research is to explain and analyze the position of individual victims in the criminal justice system in Indonesia. To analyze the causes of the rights of individual victims in the prosecution of the accused, currently it is not based on the values of justice and expediency. To find a reconstruction of the rights of individual victims in the prosecution of defendants based on the values of justice and expediency. The paradigm of this research is constructivism. This type of research is a sociological legal research, using a case approach as primary data and a law approach as a secondary legal material. Primary data was obtained by making observations at the district attorney's office and interviews with prosecutors who had handled cases. While secondary data is obtained through literature study of primary legal materials in the form of legislation, secondary legal materials in the form of books, journals, theses and other sources as well as legal dictionaries and encyclopedias as tertiary legal materials. The data obtained were then analyzed using a qualitative descriptive method., The results of the study show that the rights of victims in the prosecution of defendants are currently not based on the values of justice and expediency due to the legal substance, legal culture and legal structure in Indonesia. In this study, reconstruction is divided into Norm Reconstruction Values. The legal objectives of justice, benefit and legal certainty are expected to be realized together. Justice must be prioritized first, then benefits and finally legal certainty. Article 75, Article 284 (3) of the Criminal Code as well as Article 14, Article 72, Article 244 of the Criminal Procedure Code are reconstructed and the victim's right to information on case examiners as stipulated in Article 5 paragraph (2) of the UULPSK is placed in Chapter VI of the Criminal Procedure Code Article 68 of the Criminal Procedure Code so that individual victims have the right to prosecution. defendant based on the value of justice and expediency.
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Pages:255-261
How to cite this article:
Ikhwaluddin Simatupang, Sri Endah Wahyuningsih, Anis Mashdurohatun "Position of individual victims in the criminal judicial processes in Indonesia ". International Journal of Law, Vol 7, Issue 4, 2021, Pages 255-261
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