CD Tesis

Gagasan Restitusi Terhadap Korban Anak Berdasarkan Peraturan Perundang-Undangan Terkait Lembaga Perlindungan Saksi Dan Korban Dalam Penanganan Perkara Pidana

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Restitution is the payment of compensation which is charged to the offender based on a court decision that has permanent legal force for material and / or immaterial losses suffered by the victim or his heir.
The main problem in this research is how the restitution of child victims is based on the Statutory Regulations and how the idea of restitution of child victims is related to the role of witness and victim protection institutions in handling criminal cases.
The research method used is in this study, the author uses normative legal research that is library research, which is a method of collecting data by studying books, legislation, and writings related to this research. The nature of the research, this research is analytical descriptive, which provides a clear and detailed description of an incident that occurred on the idea of restitution of child victims related to witness and victim protection institutions in handling criminal cases.
From the results of the study it can be concluded, Restitution of child victims based on applicable laws and regulations is not effective. In fact, there is no forced effort that can be done immediately if the convicted person does not pay restitution. And the idea of restitution of child victims related to the role of witness and victim protection institutions in handling criminal cases is that if the application for restitution uses the process regulated in Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection of Witnesses and Victims, then no all victims of a crime can apply for restitution as their rights, because not all criminal acts can be filed for restitution. Determination of a crime that can be submitted for restitution by the victim is determined by LPSK. Other things that cause problems are the mechanism and procedure for filing restitution and the implementation of the restitution, considering that LPSK is not included in the criminal justice system, and is not a law enforcement apparatus that has executive authority. This is to avoid legal uncertainty and provide a sense of security for victims of criminal acts and their rights as victims will be fulfilled. This is possible because if the perpetrators of the crime do not want or are unable to pay restitution, the amount of which has been decided by the judge, the Public Prosecutor can force the perpetrators by confiscating and auctioning off the assets of the offender to pay restitution for victims of the crime. In addition, if the offender is unable to pay restitution, the offender will incur a substitute imprisonment criminal. Meanwhile, if the perpetrators try to avoid paying compensation to the victims, the perpetrators will not be entitled to a reduced criminal period and do not get parole.
Keywords : Ideas, Child Victim Restitution, Witness and Victim Protection Institutions

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

10 14. 220 (0018)

Penerbit

Pekanbaru : Universitas Riau – Pascasarjana – Tesis Hukum., 2020

Deskripsi Fisik

x, 119 hlm,; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

10 14. 220 (0018)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

ILMU HUKUM

Info Detail Spesifik

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Pernyataan Tanggungjawab

FATAH

Versi lain/terkait

Lampiran Berkas

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