TINJAUAN YURIDIS TERHADAP PENEGAKAN HUKUMAN PENGGANTI DALAM PENGABULAN RESTITUSI YANG TIDAK DILAKSANAKAN PELAKU TINDAK PIDANA (Studi Kasus Putusan Nomor 148/Pid.Sus/2019/PN Sbr)

Tania, Zerly Anzelo (2023) TINJAUAN YURIDIS TERHADAP PENEGAKAN HUKUMAN PENGGANTI DALAM PENGABULAN RESTITUSI YANG TIDAK DILAKSANAKAN PELAKU TINDAK PIDANA (Studi Kasus Putusan Nomor 148/Pid.Sus/2019/PN Sbr). S1 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

Restitution is one of the new developments in Indonesia's criminal justice system, where crime victims are no longer simply objects to be resolved. This restitution is an attempt to return the victim to their original condition as a result of the perpetrator's actions. This is because the victims of criminal acts suffer the greatest losses, so there is a need for legal protection and certainty to ensure that the rights that have been lost as a result of the actions of the perpetrators of criminal acts can be restored, while also placing the burden on the perpetrators not to abandon their responsibilities. Despite the fact that restitution has been regulated in Indonesia, there are still legal issues because there are still judges' decisions regarding restitution that cannot be enforced by law, or in other words, these decisions are hollow, due to there are no regulations that specifically regulate restitution. As the results, the goal of restitution is not achieved.

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