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VOL. 11, ISSUE 8 (2025)
Obstruction of regulation of the rights of victims of criminal acts in the Indonesian criminal justice system
Authors
Kus Rizkianto, Kanti Rahayu
Abstract
Regulations regarding the protection of the
rights of victims of criminal acts have actually been widely contained in the
Criminal Procedure Code (KUHAP) as well as in other legislation, but in the
practice of criminal justice, victims are often not positioned as parties
seeking justice as regulated in various regulations on the protection of
victims' rights in Indonesia. Using a library research method with a normative
research approach, the author examines regulations related to the concept of
victim rights protection in the criminal justice system in Indonesia. The
results of the research are: 1) Regulations governing victim protection in
Indonesia are contained in Article 98 paragraph (1) of the Criminal Procedure
Code, Article 5 paragraph (1) of Law Number 31 of 2014 concerning Amendments to
Law Number 13 of 2006 concerning Witness and Victim Protection, Article 19
paragraph (1) of Government Regulation Number 7 of 2018 concerning Provision of
Compensation, Restitution, and Assistance to Witnesses and Victims, Article 1
of the Regulation of the Supreme Court of the Republic of Indonesia Number 1 of
2022 concerning Procedures for Settling Applications and Providing Restitution
and Compensation to Victims of Crime, and Article 66 paragraph (1) of Law
Number 1 of 2023 concerning the Criminal Code. 2) Forms of obstruction in the
enforcement of victims' rights regulations include: The old and National
Criminal Code only regulate the formulation and punishment of criminal offense
for the perpetrator. The old Criminal Code only regulates the formulation of
criminal offenses, responsibility and criminal penalties and has not yet
determined the type of criminal restitution, or compensation. The Criminal
Procedure Code prioritizes the rights of the defendant, rather than the victim,
and does not provide opportunities for victims to take legal remedies against
court decisions. Crime victims only act as passive reporters and witnesses and
law enforcement officials tend to focus on proving the guilt of the
suspect/defendant. In addition, existing laws and regulations regulate the
rights of prisoners more than victims.
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Pages:97-101
How to cite this article:
Kus Rizkianto, Kanti Rahayu "Obstruction of regulation of the rights of victims of criminal acts in the Indonesian criminal justice system". International Journal of Law, Vol 11, Issue 8, 2025, Pages 97-101
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