Penerapan Penggabungan Gugatan Ganti Kerugian Berdasarkan Pasal 98 KUHAP bagi Korban Tindak Pidana Palu

The implementation of compensation claims under Article 98 of the Indonesian Criminal Procedure Code (KUHAP) provides a legal mechanism for victims of criminal offenses to seek compensation within criminal proceedings. However, its practical application at the Palu District Court Class IA remains limited. This research employs an empirical legal approach with statutory and sociological perspectives to examine the implementation of the mechanism and identify the obstacles affecting its effectiveness. Primary data were obtained through interviews with judges, court clerks, public prosecutors, victims, advocates, and other relevant parties, while secondary data were collected from legislation, court decisions, books, and scholarly articles. Data were analyzed qualitatively by relating empirical findings to applicable legal provisions. The findings reveal a gap between the normative framework of Articles 98–101 KUHAP and its practical implementation. Examination of two cases indicates that victims do not consistently use the combined compensation claim mechanism. In a traffic accident case, the victim withdrew the claim after reaching a settlement with the defendant, while in an embezzlement case, the compensation claim was not pursued because of a misunderstanding concerning the timing of its submission. The main obstacles include limited victim awareness, strict filing deadlines, difficulties in proving losses, defendants’ limited financial capacity, and inadequate information from law enforcement officials. Strengthening victim assistance, improving legal information services, and enhancing law enforcement officials’ understanding of the procedure are necessary to improve access to compensation and the protection of victims’ rights.