The research aims to
analyze the weaknesses in the regulations on compensation for victims in
criminal law enforcement, and how to reconstruct the rules for the compensation
for victims in criminal law enforcement based on the value of justice. This
study uses a postpositivism paradigm research method, namely research as a
series of logically connected steps, believes in diversity, and perspectives
from the participants rather than a single reality, and supports precise and
thorough data collection and analysis methods. In this case, the researcher
uses various levels of data analysis for accuracy and precision, uses various
programs to support computer analysis, to encourages validity approaches, and
this research also uses a sociological juridical approach. The data is used in
the form of primary data, secondary data, and tertiary data.
The
results of the research show that the The weakness is that the victim as the
party who suffers and is harmed is only involved as a victim witness, victims
often feel dissatisfied with the criminal prosecution by the Public Prosecutor
and/or the decision handed down by the Judge because it is deemed not in
accordance with the values of justice. The criminal justice system is organized
to prosecute perpetrators, not to serve the interests of victims, because
criminal acts are acts of perpetrators against the state. This causes losses
resulting from criminal acts suffered by victims to be a disaster that must be
borne by the victim himself. Therefore the reconstruction of regulations for
efforts to compensate victims in criminal law enforcement based on the value of
justice is in Article 98 of the Criminal Procedure Code
which states that (1) If a criminal act causes losses to another person, the
Investigator or Public Prosecutor at the request of that person or his heirs,
shall apply for compensation in the criminal case, (2) The request for
compensation as intended in paragraph (1) is submitted before the case is
transferred to the District Court, (3) Regarding requests for compensation as
intended in paragraph (1), the Investigator or Public Prosecutor may submit an
Application for confiscation of collateral for the suspect's assets to the
Court. then, in Article 270 paragraph (2) of the Criminal Procedure Code:
Regarding court decisions that have obtained permanent legal force in the form
of the convict's obligation to pay compensation to the victim or heir as an
additional crime, this is carried out by the prosecutor, the implementation of
which can be handed over to the Government Curator (Inheritance Property
Office).
