Revision Of The Criminal Procedure Code Must Regulate Active Participation Of Victims In Justice

JAKARTA Unsoed's legal and human rights lecturer, Manunggal Kusuma Wardaya, assessed that the statement on the impact of crime/Victim Impact Statement (VIS) experienced by victims should be regulated in the revision of the Criminal Procedure Code to give victims a bigger role in expressing their losses due to crime.

The reason is, the impact of crimes on victims is often not used as a reference by the judges in sentencing the perpetrators in court. As a result, many victims of crimes often feel that the judge's verdict is unfair.

The victim's position, so far, has only been a victim witness. It can be questioned in court. However, the impact of the loss is often not stated explicitly, related to what is the victim's loss, both physically and psychologically so that judges often impose inappropriate crimes," said Manunggal, Sunday, June 22.

He stated that criminal victims should actively participate in the judicial process. Perspective victims can be a reference for judges in considering and deciding fair verdicts for criminals.

"So, the victims have the right to declare a loss to the judge. It is hoped that the punishment will be imposed, if the perpetrator is proven guilty, then there will be a balance," he added.

However, Manunggal reminded that VIS arrangements must be based on the principle of prudence. Because in many criminal cases, victims often experience trauma so they are afraid to provide information about what happened.

He gave an example, in cases of private affairs such as sexual violence or other types of violence, which are often challenges in their disclosure. In fact, the role of the victim's statement became crucial.

"On the other hand, judges must also be careful not to accept casualties without further verification. Thus, the victim's statement is really an accountable statement," he said.

Previously, in the RDP with Commission III of the DPR some time ago, the Chairperson of the Witness and Victim Protection Agency (LPSK) Achmadi asked that the victim's active participation in the judiciary be specifically regulated in the revision of the Criminal Procedure Code.

The form of participation in question is in the form of statements on the impact of crimes experienced by victims or victims of the impact statement (VIS) which is a form of protection and fulfillment of basic rights.

According to Achmadi, there are at least three main parts of the victim's impact statement that need to be regulated in the Criminal Procedure Code's Revision, namely the description of physical conditions caused by crime, psychological and emotional conditions of the victim, as well as the condition of financial losses caused by crime.