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VOL. 10, ISSUE 5 (2024)
Restitution challenges in the implementation of the Indonesian criminal code
Authors
Kus Rizkianto, Gunarto, Sri Endah Wahyuningsih
Abstract
The victim is the most disadvantaged party of a criminal event. So
restitution is expected as a solution to restore the victim's condition to its
original state. This research is a Juridical Sociological Research that will
examine the implementation of restitution made by the Government to victims of
criminal acts as regulated inside the Criminal Code and the Regulation on
Witness and Victim Protection with daily practices in the community. The
studies concluded that the implementation of restitution in Indonesia has not
fulfilled the sense of justice for victims. The solution to overcome this is
that the Public Prosecutor needs to be authorized to assess the amount of
restitution that should be paid through the perpetrator to
the sufferer of a criminal offense. In addition, the prosecutor
must also have a method to assess the victim's loss. Then, if the convicted
person is unable to pay restitution, the Government should not approve his/her
conditional release application.
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Pages:146-148
How to cite this article:
Kus Rizkianto, Gunarto, Sri Endah Wahyuningsih "Restitution challenges in the implementation of the Indonesian criminal code". International Journal of Law, Vol 10, Issue 5, 2024, Pages 146-148
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