Criminal Law Policy In Enforcing Law Imposing Sanctions Of Restitution For Victims Of Crime

Abstract

Legally, the right to restitution can be understood in the form of returning property rights or compensating for losses suffered by the victim. The aim of the research is to find out and analyze how the criminal law policies that are in force and implemented as positive law currently regulate the imposition of restitution sanctions for victims of criminal acts. To find out and analyze the weaknesses of criminal law policies that have been in force and implemented as positive law regarding the imposition of restitution sanctions for victims of criminal acts at this time. To understand policies and analyze criminal law enforcement regarding the imposition of restitution sanctions in the future as ius constituendum. The research in this writing uses normative research. Research results: Restitution has previously been regulated in the Criminal Procedure Code and other special laws, but there are still many shortcomings in these regulations, so it is necessary to study what forms of restitution are appropriate to provide the rights of victims of criminal acts. The following are the forms and regulations governing restitution in providing legal protection for victims of criminal acts. The rules regarding restitution have not been implemented effectively because the provision of restitution cannot be applied to various kinds of criminal acts that harm crime victims, and the procedures for implementing the provision of restitution are also not uniform between the rules and the forms of providing compensation are also different in nature. If the perpetrator of the crime does not have property and is unable to pay restitution, he may be subject to additional punishment in the form of imprisonment, but for an appropriate period of time so that the perpetrator gets a deterrent effect.