Development of a Restitution Model Based on Justice and Legal Certainty for Crime Victims in Indonesia

Rani Hendriana1, Agus Raharjo2, Kuat Puji Prayitno3, Setya Wahyudi4 & Dwi Hapsari Retnaningrum5

https://doi.org/10.62271/pjc.16.3.1409.1425

Abstract
This research aims not only to explore the mechanisms of restitution implementation, the assessment benchmarks for determining the amount and form of restitution, and the execution of restitution decisions but also to devise a comprehensive model ensuring fair and legally certain restitution for crime victims. Through qualitative empirical research and employing legal, conceptual, and comparative law approaches, it has been identified that the restitution mechanism has faced issues from its inception, both in terms of regulation and implementation, resulting in failures in restitution claims. Furthermore, the benchmarks for assessing restitution have accumulated future losses for victims without being actionoriented. Numerous failures in the execution of restitution decisions have also been uncovered. Therefore, it is recommended to develop a restitution model based on justice and legal certainty. Among these recommendations are: eliminating limitations on victim types for restitution claims, establishing a mechanism that refers to diversion requests to compel law enforcement agencies to pursue restitution, developing restitution in actionable forms, seizing the perpetrator’s assets from the investigation stage, executing restitution without waiting for inkracht, adjusting subsidiary sanctions, implementing installment payments, revoking the convicted individual’s rights, and integrating a restitution and compensation scheme through the development of a victim assistance fund. Additionally, the establishment of oversight for the implementation of restitution is proposed.

Keywords: Model, Restitution, Crime Victims, Justice, Legal Certainty