Restitutio in Integrum in Criminal Regulation of Restitution for the Victims of Criminal Acts

This study aims to determine the application of the Restitutio in Integrum principle in Indonesian laws and regulations governing restitution to victims of criminal acts. It is currently known that the weakness of restitution execution power in Indonesia has made the fulfillment of restitution to victims difficult to realize. This is because there is no binding force, so that the implementation of restitution is oriented towards the goodwill of the perpetrator of the crime. The research method used in this article is normative juridical with statute approach and conceptual approach. This study argues that restitution arrangements in various laws and regulations in Indonesia do not accommodate forced efforts if the perpetrators of criminal acts do not carry out restitution. In this case, the lacuna results in the difficulty of executing payments that should be received by victims of criminal acts. Therefore, it is necessary to strengthen the application of the principle of restitutio in integrum which is studied through substance, structure, and legal culture as an effort to realize protection as well as justice for victims of inclusive criminal acts.

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Publication Details

Journal
Journal of Law Politic and Humanities
Published
2024-11-12
DOI
https://doi.org/10.38035/jlph.v5i1.829
Primary Topic
Legal Rights and Human Rights
Type
article
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article

Restitutio in Integrum in Criminal Regulation of Restitution for the Victims of Criminal Acts

Jennifer Kurnia Putri, Albertus Hansen Setyabudi, Celine Endang Patricia Sitanggang, Sheyla Alif Alfiana
Journal of Law Politic and Humanities
Legal Rights and Human Rights
article

Restitutio in Integrum in Criminal Regulation of Restitution for the Victims of Criminal Acts

Jennifer Kurnia Putri, Albertus Hansen Setyabudi, Celine Endang Patricia Sitanggang, Sheyla Alif Alfiana
article en

Abstract

This study aims to determine the application of the Restitutio in Integrum principle in Indonesian laws and regulations governing restitution to victims of criminal acts. It is currently known that the weakness of restitution execution power in Indonesia has made the fulfillment of restitution to victims difficult to realize. This is because there is no binding force, so that the implementation of restitution is oriented towards the goodwill of the perpetrator of the crime. The research method used in this article is normative juridical with statute approach and conceptual approach. This study argues that restitution arrangements in various laws and regulations in Indonesia do not accommodate forced efforts if the perpetrators of criminal acts do not carry out restitution. In this case, the lacuna results in the difficulty of executing payments that should be received by victims of criminal acts. Therefore, it is necessary to strengthen the application of the principle of restitutio in integrum which is studied through substance, structure, and legal culture as an effort to realize protection as well as justice for victims of inclusive criminal acts.

Journal of Law Politic and HumanitiesVol. 5(1)
Universitas Airlangga (ID)
Openalex Percentile: Top 51%
Legal Rights and Human Rights
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