What If Restitution Is Not Paid? Here Are Heavy Sanctions For Perpetrators Of Violence

Criminal law illustration (Freepic)

YOGYAKARTA - Rafael Alun Trisambodo is again in the public spotlight in the progress of the trial of Mario Dandy's persecution case against David Ozora. Rafael refused to pay restitution or compensation for his son's actions. So what if the restitution is not paid?

Restitution is a compensation imposed on perpetrators of criminal acts or third parties against the victim or his family. Based on Government Regulation (PP) Number 43 of 2017 concerning the Implementation of Restitution for Children Who Become Victims of Criminal Acts, restitution is a compensation payment imposed on the perpetrators based on a court decision that has permanent legal force on material and/or immaterial losses suffered by the victim or heir.

Rafael Alun Trisambodo and his family were subject to restitution to compensate for the losses suffered by David Ozora. However, Rafael revealed the reason for not being able to pay restitution and sending a letter to the KPK to be read out at the witness examination hearing. What if the restitution is not paid?

Requests for restitution for victims of violence were submitted through the Witness and Victim Protection Agency (LPSK). Jonathan Latumahina, David Ozora's father, submitted a request for restitution of Rp52.3 billion to Mario Dandy and two of his friends who were involved in planning the persecution, namely Shane Lukas and the woman with the initials AG.

However, LPSK assessed that the exact restitution rate was higher than David Ozora's father asked. LPSK said the compensation that had to be paid by Mario Dandy were two other suspects, amounting to Rp120.3 billion.

Responding to the restitution sanctions for the severe abuse by his son, Rafael Alun stated that he refused to pay the loss. Andreas Nahot Silitonga, Mario Dandy's lawyer, read out a letter sent by Rafael to the KPK to be delivered in a follow-up trial.

"Currently, we ask to understand the actual financial condition of our family, namely that there is no ability and it is not possible to provide financial assistance," Rafael wrote in a letter read in the Main Court Room of the South Jakarta District Court.

Rafael Alun admitted that he was unable to pay the burden of restitution because the economic condition of his family was increasingly difficult. The economic difficulties of the former Directorate General of Taxes began after he was named a suspect in the alleged crime of money laundering (TPPU) and gratification. Rafael revealed that his family's assets and accounts had been blocked by the KPK.

Many people ask about the rules, what if the restitution or compensation for victims of violence is not paid by the perpetrators? In accordance with Law (UU) Number 12 of 2022, if the convict does not pay the restitution, the prosecutor will confiscate his property to be auctioned off to pay the restitution according to the amount that must be borne.

The prosecution of perpetrators to pay restitution is still common in the application of criminal law in Indonesia. From the previous trial, many perpetrators do not want to pay and admit that they are unable to bear the cost of restitution. Finally, the restitution sanction becomes a subsidiary or is given a substitute sentence.

Deputy Chairperson of LPSK Antonius PS Wibowo in a law enforcement training event held in Yogyakarta in 2022, said the mechanism that will be applied if the perpetrator does not pay restitution. He said the perpetrator's assets would be confiscated and auctioned off, then the proceeds were used to pay the restitution fee.

Antonius continued, if the auction results were not sufficient to pay off the restitution, the state would intervene through the victim's aid funds. However, that does not mean that the state helps the perpetrators to pay restitution, but only when the perpetrators are really unable to pay after all their assets are confiscated and auctioned off.

Demikianlah review bagaimana jika restitution tidak dibayar oleh pelaku. Pelaku penganiayaan memiliki kewajiban membayar biaya restitution untuk membahas kerugian korban dengan nominal sesuai yang diajukan oleh LPSK.

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