Legal Observer Finds Something Wrong In Restitution Payment

Discussion on Restitution/Photo: Antara

JAKARTA - The Institute for Criminal Justice Reform (ICJR) found a number of serious problems related to the application of payment of restitution or compensation by the perpetrator to the victim or the victim's family. Jakarta, Wednesday, February 23. However, he said, the administrative burden does not only concern the payment of restitution to victims, but also other matters. Erasmus found this problem in the Criminal Code before the Law on the Protection of Witnesses and Victims was born. This means that before the law existed, the compensation mechanism was only accommodated in one article in the Criminal Procedure Code, namely Article 98. "So, the burden is still on the perpetrators," said Erasmus. but with different and changing mechanisms. However, from many cases in the field or when the LPSK was not available, ICJR found that victims still had to file for restitution administratively. experienced," he said. The next issue highlighted by ICJR was the arrangement of the different components of restitution and the unclear mechanism for calculating restitution. Another problem, he said, was the implementation of restitution. This refers to the report of the Witness and Victim Protection Agency (LPSK) in 2020. Throughout 2020, LPSK calculated that there were IDR 7 billion in restitution that should have been paid by the perpetrator to the victim. The sad thing is, what was decided by the judge was only Rp. 1.3 billion. "In fact, what arrived at the victim or was paid by the perpetrator was only Rp. 101 million," he said. , to the execution of the restitution itself.