CD Skripsi
Restitusi Pada Anak Sebagai Korban Tindak Pidana Berdasarkan Hukum Positif Di Indonesia
ABSTRACT
Restitution can be submitted by the parents or guardians of the child who is
the victim or or the heirs of the child who becomes the victim or the person
authorized by the parent or guardian or heir of the child who is the victim. However,
the specific rules regarding restitution that have just been regulated in the
Government Regulation of the Republic of Indonesia Number 43 of 2017 concerning
the Implementation of Restitution for Children who are Victims of Crime have
actually caused problems in practice.
The type of legal research is normative legal research with the type of legal
principle and uses a descriptive method. Meanwhile, if viewed from the nature of this
research is descriptive.
The results of this study are the implementation of giving restitution to
children as victims of criminal acts in Indonesia still cannot be carried out optimally,
because there are still many judges' decisions against defendants in the form of less
imprisonment and fines. This judge's decision is certainly detrimental to the victim
who is a child who has experienced a crime from an adult. In the decision, it can be
seen that the fine does not accommodate the interests of children as victims but only
accommodates the interests of the state, namely as income to the state treasury which
does not provide any benefit for children as victims of crime. The obstacles that occur
in the implementation of providing restitution to children as victims of criminal acts
in Indonesia are as follows: 1) The procedure for submitting restitution is
complicated, 2) Proof of material loss is complicated, 3) Victims as witnesses in
court. Efforts made to overcome the obstacles that occur in the implementation of the
provision of restitution to children as victims of criminal acts in Indonesia are as
follows: 1) Simplification of the procedure for submitting restitution, 2) Increasing
the professionalism of law enforcement officers who do not fully understand the
concept of restitution, 3) The role of the judge is needed in including restitution in the
consideration of his decision
Keywords: Restitution, Children, Victims, Crime.
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