LEGAL PROTECTION FOR VICTIMS THROUGH ADDITIONAL CRIMINAL COMPENSATION (STUDY OF ARTICLE 66 OF LAW NUMBER 1 OF 2023 CONCERNING THE CRIMINAL CODE)

Perlindungan Hukum Terhadap Korban melalui Pidana Tambahan Ganti Rugi (Kajian Pasal 66 Undang-Undang Nomor 1 Tahun 2023 Tentang Kitab Undang-Undang Hukum Pidana)

Abstract

The background to this research is that in the previous Criminal Code, the rights and interests of crime victims were not clearly and equitably protected, and there was relatively little attention paid to victims of crime. The status of victims in the Criminal Code was not optimal compared to the position of perpetrators, and compensation for victims was suboptimal and did not accommodate the rights of crime victims. The research problem identified in this research is how legal protection for crime victims is implemented after the enactment of Law No. 1 of 2023 concerning the Criminal Code and how the mechanism for applying additional compensation penalties relates to the protection provided for victims in Law No. 1 of 2023, Article 66 of the Criminal Code. The theories used are legal protection theory and punishment theory, while the research method used is qualitative with a normative juridical approach. The results of this research related to legal protection for victims in Criminal Code No. 1 of 2023 are more directed towards a restorative justice approach, which means an approach in the criminal justice system that focuses on recovery, reconciliation, and restoration of relationships damaged by crime. Furthermore, the mechanism for implementing additional compensation under Article 66 of the Criminal Code is comprehensive, including payment of compensation, revocation of certain permits, and fulfillment of local customary obligations. Compensation claims can be filed concurrently with the criminal process or through a separate civil lawsuit. The judge has the authority to determine the amount of compensation based on the evidence presented and the impact on the victim. There are sanctions for non-compliance if the perpetrator fails to fulfill the compensation obligation.