Aspek Hukum Keperdataan Terhadap Pemenuhan Hak Restitusi Dalam Perkara Tindak Pidana

Abstract

<span lang="EN">This study aims to analyze whether the practice of criminal law enforcement that has occurred so far has fulfilled the community's sense of justice, especially for victims of crime as well as the contribution of civil law science in criminal law enforcement practices to realize the value of justice and benefits.</span><span class="y2iqfc"><span lang="EN">The study was conducted qualitatively using a statutory approach and a case approach with a normative juridical type of research. The data that has been obtained were analyzed qualitatively.</span></span><span class="y2iqfc"><span lang="EN">The results of the study show firstly that the practice of criminal law enforcement which is based on Law Number 8 of 1981 concerning the Criminal Procedure Code as a formal law in fact still emphasizes the form of justice that is 'retributive'. The form of compensation and restoration of the losses suffered by the victims has also not been properly accommodated, so that it is certainly very felt by the community, especially victims of crime who have not fulfilled their sense of justice.</span></span><span class="y2iqfc"><span lang="EN">Second, that the contribution and role of civil law in the criminal law enforcement process is very relevant to do. One of them is by filing a claim for payment of compensation called Restitution, including also by filing a civil lawsuit to the Convict/Convict's Family for the payment of the Restitution.</span></span><span class="y2iqfc"><span lang="EN">So that there will be legal certainty for crime victims on the responsibility of the perpetrator/convict in relation to compensation for the violation of the rights of the crime victim.</span></span>