The Government's Responsibility in Providing Compensation and Restitution in the Perspective of the Legal Theory of Dignified Justice
)
(1) Faculty of Law 17 Agustus 1945 University, Cirebon, Indonesia
Corresponding Author
Abstract
Introduction: The principle of legal equality is one of the characteristics of a rule of law state, victims of criminal justice must receive guaranteed legal protection. The position of the victim in the criminal justice system is still neglected because Indonesian criminal law is still oriented towards the interests of the perpetrator (Offer Oriented). Existing compensation and restitution arrangements are not in favor of victims of criminal acts.
Purposes of the Research: The purpose of this research is to analyze compensation and restitution in the perspective of the Legal Theory of Dignified Justice.
Methods of the Research: The research method used is a normative approach based on the philosophy of Pancasila.
Results of the Research: Compensation and restitution arrangements in positive law are still not synergized well, so it is necessary to make legal policies related to the implementation of restitution for victims of criminal acts based on the values and legal culture of society. In the perspective of the theory of an integrated criminal justice system, the disharmony of legal substance and the asymmetry of the legal structure must be addressed immediately. The government must be held responsible for criminal acts if it is unable to pay restitution to victims of criminal acts. There is a need to improve compensation and restitution arrangements so that they are more pro-victims of crime and in accordance with the values and legal culture of society.Keywords
DOI
10.47268/sasi.v29i4.1530
Published
2023-10-30
How To Cite
@article{SASI1530,
author = {Fatin Hamamah},
title = {The Government's Responsibility in Providing Compensation and Restitution in the Perspective of the Legal Theory of Dignified Justice},
journal = {SASI},
volume = {29},
number = {4},
year = {2023},
keywords = {Responsibility; Compensation; Restitution; Dignified Justice.},
abstract = {Introduction: The principle of legal equality is one of the characteristics of a rule of law state, victims of criminal justice must receive guaranteed legal protection. The position of the victim in the criminal justice system is still neglected because Indonesian criminal law is still oriented towards the interests of the perpetrator (Offer Oriented). Existing compensation and restitution arrangements are not in favor of victims of criminal acts.Purposes of the Research: The purpose of this research is to analyze compensation and restitution in the perspective of the Legal Theory of Dignified Justice.Methods of the Research: The research method used is a normative approach based on the philosophy of Pancasila.Results of the Research: Compensation and restitution arrangements in positive law are still not synergized well, so it is necessary to make legal policies related to the implementation of restitution for victims of criminal acts based on the values and legal culture of society. In the perspective of the theory of an integrated criminal justice system, the disharmony of legal substance and the asymmetry of the legal structure must be addressed immediately. The government must be held responsible for criminal acts if it is unable to pay restitution to victims of criminal acts. There is a need to improve compensation and restitution arrangements so that they are more pro-victims of crime and in accordance with the values and legal culture of society.},
issn = {2614-2961}, pages = {616--622} doi = {10.47268/sasi.v29i4.1530},
url = {https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1530}
}
Journal Article
Ali Mahrus, A. M. (n.d.). "Compensation and restitution for victims of crime in indonesia: Regulatory flaws, judicial response, and proposed solution." Cogent Social Sciences 8, no. 1 (2022): 2069910. https://doi.org/10.1080/23311886.2022.2069910. Cogcent Social Sciences.
Baglay, S. (2021). Access to compensation for trafficked persons in canada." Journal of human trafficking 7, no. 4 (2021): 397-426. Journal of Human Trafficking , 397-426.
Biemann, F. a. (2020). "Planetary justice: A research framework." Earth System Governance 6 (2020): 100049. https://doi.org/10.1016/j.esg.2020.100049. Earth System Governace.
Chenier, K. A. (2022). "Police interviews with adult reporters of historical child sexual abuse: exploring the link between verbal rapport and information obtained." Child Abuse & Neglect 134 (2022): 105943. https://doi.org/10.1016/j.chiabu.2022.105943.
Dinh, V. D.-V. (2023). "Determinants affecting digital financial consumer protection: Evidence from 135 countries." The Journal of Economic Asymmetries 27 (2023): e00301. https://doi.org/10.1016/j.jeca.2023.e00301. The Journal of Economic Asymmetries.
Hazrati, M. a. (2021). "Conceptualising restorative justice in the energy transition: changing the perspectives of fossil fuels." Energy research & social science 78 (2021): 102115. https://doi.org/10.1016/j.erss.2021.102115. Enargy Research & Sosial Science.
Joireman, S. F.-D. (2023). "Post-conflict restitution of customary land: Guidelines and trajectories of change." World Development 168 (2023): 106272. https://doi.org/10.1016/j.worlddev.2023.106272.
Kanungo, E. &. (2020). Award of Compensation as a Mode of Victim Restoration: A Comparative Analysis of Laws in India, New Zealand and Germany. International Journal of Criminal Justice Sciences, 15(2), 325-342. https://doi.org/10.5281/zenodo.4743317. International Journal of Criminal Justice Sciences, 325-342.
Noor, G. Z. (2023). "Legal Protection Against Consumers in Sales Transactions Buy It Electronically in Indonesia." International Journal of Social Science Research and Review 6, no. 3 (2023): 456-466. https://doi.org/10.47814/ijssrr.v6i3.1112. International Journal of Sosial Science, 456-466.
Widhiarto IK, S. H. (2022). Law Enforcement of Criminal Acts of Terrorism Through a Humanist Approach based on Pancasila Law. InUniversitas Lampung International Conference on Social Sciences (ULICoSS 2021) 2022 Jan 6 (pp. 358-364). Atlantis Press. https://doi.org/10.2991/assehr.k.2. ULI CoSS, 358-364.
Wijsman, K. a.-B. (2022). "What do we mean by justice in sustainability pathways? Commitments, dilemmas, and translations from theory to practice in nature-based solutions." Environmental Science & Policy 136 (2022): 377-386. https://doi.org/10.1016/j.envsci.2022.06.018. Envionmental Science & Policy, 377-386.
Yulianti, S. W. (2022). "Policy for the Provision of Compensation, Restitution, Rehabilitation on the Rights of Trafficking Victims." In 1st International Conference on Demographics and Civil-registration (INCODEC 2021), pp. 77-93. Atlantis Press, 2022. https://doi.org/10.2991/9. INCODEC, 77-93.
Thesis, Web Page, and Others
Byrne, S. D. (2022). "A Penumbra of Rights at Risk: Human Trafficking Victims' Rights in Federal Criminal Cases." BU Pub. Int. LJ 31 (2022): 143. https://heinonline.org/HOL/LandingPage?handle=hein.journals/bupi31&div=11&id=&page. BU Pub. Int LJ 31, 143.
Ashworth, A. (2019). "Victims’ rights, defendants’ rights and criminal procedure." In Integrating a victim perspective within criminal justice, pp. 185-204. Routledge, 2019. https://www.taylorfrancis.com/chapters/edit/10.4324/9781315252179-10/victims-rights-defendants-rights-. Routledge, 185-204.
Sufriadi, Y. (2021). "Prevention Efforts Against E-Commerce Fraud Based on Indonesian Cyber Law." In 2021 9th International Conference on Cyber and IT Service Management (CITSM), pp. 1-6. IEEE, 2021. https://ieeexplore.ieee.org/abstract/document/9588900/metrics. CITSM, 1-6.
: 956 times
Download : 461 times
| Dublin Core | PKP Metadata Items | Metadata for this Document | |
| 1. | Title | Title of document | The Government's Responsibility in Providing Compensation and Restitution in the Perspective of the Legal Theory of Dignified Justice |
| 2. | Creator | Author's name, affiliation, country |
Fatin Hamamah; Faculty of Law 17 Agustus 1945 University, Cirebon; Indonesia |
| 3. | Subject | Discipline(s) | |
| 3. | Subject | Keyword(s) | Responsibility; Compensation; Restitution; Dignified Justice. |
| 4. | Description | Abstract | Introduction: The principle of legal equality is one of the characteristics of a rule of law state, victims of criminal justice must receive guaranteed legal protection. The position of the victim in the criminal justice system is still neglected because Indonesian criminal law is still oriented towards the interests of the perpetrator (Offer Oriented). Existing compensation and restitution arrangements are not in favor of victims of criminal acts.Purposes of the Research: The purpose of this research is to analyze compensation and restitution in the perspective of the Legal Theory of Dignified Justice.Methods of the Research: The research method used is a normative approach based on the philosophy of Pancasila.Results of the Research: Compensation and restitution arrangements in positive law are still not synergized well, so it is necessary to make legal policies related to the implementation of restitution for victims of criminal acts based on the values and legal culture of society. In the perspective of the theory of an integrated criminal justice system, the disharmony of legal substance and the asymmetry of the legal structure must be addressed immediately. The government must be held responsible for criminal acts if it is unable to pay restitution to victims of criminal acts. There is a need to improve compensation and restitution arrangements so that they are more pro-victims of crime and in accordance with the values and legal culture of society. |
| 5. | Publisher | Organizing agency, location | Faculty of Law, Universitas Pattimura |
| 6. | Contributor | Sponsor(s) | Faculty of Law 17 Agustus 1945 University, Cirebon |
| 7. | Date | (YYYY-MM-DD) | 2023-10-30 |
| 8. | Type | Status & genre | Peer-reviewed Article |
| 8. | Type | Type | |
| 9. | Format | File format | |
| 10. | Identifier | Uniform Resource Identifier | https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1530 |
| 10. | Identifier | Digital Object Identifier | 10.47268/sasi.v29i4.1530 |
| 11. | Source | Title; vol., no. (year) | SASI; Volume 29 Issue 4, December 2023 |
| 12. | Language | English=en | en |
| 13. | Relation | Supp. Files |
Untitled (2MB) |
| 14. | Coverage | Geo-spatial location, chronological period, research sample (gender, age, etc.) | |
| 15. | Rights | Copyright and permissions | Copyright: Authors who publish their manuscripts in this Journal agree to the following conditions: 1. The copyright in each article belongs to the author, as well as the right to patent. 2. Authors can enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal. 3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) before and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work. 4. Authors have the right to self-archiving of the article (Author Self-Archiving Policy)
License: The SASI Journal is disseminated based on the Creative Commons Attribution-NonCommercial 4.0 International license terms. This license allows anyone to copy and redistribute this material in any form or format, compose, modify, and make derivatives of this material for any purpose. You cannot use this material for commercial purposes. You must specify an appropriate name, include a link to the license, and certify that any changes have been made. You can do this in a way that is appropriate but does not imply that the licensor supports you or your use.
|
Copyright (c) 2023 Fatin Hamamah
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
Email this article 
