PEMBEBANAN RESTITUSI KEPADA PIHAK KETIGA DITINJAU DARI TEORI PERTANGGUNGJAWABAN PIDANA DALAM KASUS KEKERASAN SEKSUAL (Studi Putusan Nomor 989/Pid.Sus/2021/PN Bdg)

Ivana, Brigita (2024) PEMBEBANAN RESTITUSI KEPADA PIHAK KETIGA DITINJAU DARI TEORI PERTANGGUNGJAWABAN PIDANA DALAM KASUS KEKERASAN SEKSUAL (Studi Putusan Nomor 989/Pid.Sus/2021/PN Bdg). S1 thesis, UNIVERSITAS ATMA JAYA YOGYAKARTA.

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Abstract

Sexual violence often occurs in children, so it is necessary to restore the rights of victims, one of which is through restitution. This research is conducted by analyzing the imposition of restitution to a third party in terms of the theory of criminal liability in cases of sexual violence. This research aims to determine the compatibility between the interpretation of the third party and the theory of criminal liability. This research is focused on examining the application of law in Decision Number: 989/Pid.Sus/2021/PN Bdg, the judge imposed restitution on the Ministry of Women's Empowerment and Child Protection. This type of research is normative legal research. The legal materials used are primary legal materials in the form of laws and regulations and secondary legal materials in the form of interviews with sources. The collection of legal materials for this research uses a literature study. Based on the results of the discussion, shows that the theory of criminal responsibility is individual, so it is not appropriate if the third party is interpreted as the state, but rather as a party that still correlates with the perpetrator, such as the perpetrator's family or other people involved in the same criminal event.

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