Reconstruction of Restitution as an Additional Punishment for Victims of Criminal Acts

Victims of criminal acts, as individuals who suffer harm, deserve comprehensive protection, particularly in the process of recovering their losses. The enactment of the National Criminal Code has recognised this need by including compensation as an additional form of punishment. However, the current framework has significant shortcomings. Since this additional punishment is not mandatory, victims are not guaranteed compensation, undermining the principle of justice. This study explores the need to reform the existing system to ensure fair and effective restitution for victims. Based on normative research utilising a statutory approach and interpretative analysis, the findings suggest that positioning criminal compensation as a primary form of punishment within the National Criminal Code would better serve justice. By elevating criminal compensation to a primary punishment, the system would provide victims with greater certainty in securing recovery from the perpetrator.

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Publication Details

Journal
Arena Hukum
Published
2024-08-08
DOI
https://doi.org/10.21776/ub.arenahukum2024.01702.1
Primary Topic
Education, Law, and Society
Type
article
Field-Weighted Citation Impact
0.00
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article

Reconstruction of Restitution as an Additional Punishment for Victims of Criminal Acts

Ryаn Ilhаm Fibriаnsyаh, Mufatikhatul Farikhah, Nurini Aprilianda, Nadhilah A. Kadir
Arena Hukum
Education, Law, and Society
article

Reconstruction of Restitution as an Additional Punishment for Victims of Criminal Acts

Ryаn Ilhаm Fibriаnsyаh, Mufatikhatul Farikhah, Nurini Aprilianda, Nadhilah A. Kadir
article en

Abstract

Victims of criminal acts, as individuals who suffer harm, deserve comprehensive protection, particularly in the process of recovering their losses. The enactment of the National Criminal Code has recognised this need by including compensation as an additional form of punishment. However, the current framework has significant shortcomings. Since this additional punishment is not mandatory, victims are not guaranteed compensation, undermining the principle of justice. This study explores the need to reform the existing system to ensure fair and effective restitution for victims. Based on normative research utilising a statutory approach and interpretative analysis, the findings suggest that positioning criminal compensation as a primary form of punishment within the National Criminal Code would better serve justice. By elevating criminal compensation to a primary punishment, the system would provide victims with greater certainty in securing recovery from the perpetrator.

Arena HukumVol. 17(2)
University of Brawijaya (ID)
Openalex Percentile: Top 58%
Education, Law, and Society
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