Revisiting the Compensation Submission Framework for Terrorism Victims: An Analysis of Constitutional Court Decision No. 103/PUU-XXI/2023

Ideally, human rights guarantee protection for every citizen who suffers physical, psychological, or material losses due to unlawful acts or criminal offenses, as stipulated in Articles 28A to 28J of the 1945 Constitution of the Republic of Indonesia (UUD 1945). This protection, including for terrorism victims, should ensure legal certainty in the submission of compensation claims. However, in reality, the absence of a time limit for submitting compensation leads to legal uncertainty for both victims and the state. This research focuses on how legal uncertainty in the submission of compensation for terrorism victims can be addressed through Constitutional Court Decision No. 103/PUU-XXI/2023. The study employs a normative legal research method, where law is understood as written norms within statutory regulations and serves as a benchmark for human behavior deemed appropriate. The findings reveal that Constitutional Court Decision No. 103/PUU-XXI/2023 represents a significant milestone in resolving legal uncertainties related to compensation claims by terrorism victims. However, the recovery process for victims’ trauma often requires more time than initially anticipated.

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Publication Details

Journal
Jurisprudensi Jurnal Ilmu Syariah Perundang-undangan Ekonomi Islam
Published
2024-12-31
DOI
https://doi.org/10.32505/jurisprudensi.v16i1.9968
Primary Topic
Legal and Policy Issues
Type
article
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article

Revisiting the Compensation Submission Framework for Terrorism Victims: An Analysis of Constitutional Court Decision No. 103/PUU-XXI/2023

Rugun Romaida Hutabarat, Dimas Wijanarko
Jurisprudensi Jurnal Ilmu Syariah Perundang-undangan Ekonomi Islam
Legal and Policy Issues
article

Revisiting the Compensation Submission Framework for Terrorism Victims: An Analysis of Constitutional Court Decision No. 103/PUU-XXI/2023

Rugun Romaida Hutabarat, Dimas Wijanarko
article en

Abstract

Ideally, human rights guarantee protection for every citizen who suffers physical, psychological, or material losses due to unlawful acts or criminal offenses, as stipulated in Articles 28A to 28J of the 1945 Constitution of the Republic of Indonesia (UUD 1945). This protection, including for terrorism victims, should ensure legal certainty in the submission of compensation claims. However, in reality, the absence of a time limit for submitting compensation leads to legal uncertainty for both victims and the state. This research focuses on how legal uncertainty in the submission of compensation for terrorism victims can be addressed through Constitutional Court Decision No. 103/PUU-XXI/2023. The study employs a normative legal research method, where law is understood as written norms within statutory regulations and serves as a benchmark for human behavior deemed appropriate. The findings reveal that Constitutional Court Decision No. 103/PUU-XXI/2023 represents a significant milestone in resolving legal uncertainties related to compensation claims by terrorism victims. However, the recovery process for victims’ trauma often requires more time than initially anticipated.

Jurisprudensi Jurnal Ilmu Syariah Perundang-undangan Ekonomi IslamVol. 16(1)
Tarumanagara University (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 54%
Legal and Policy Issues
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