YOGYAKARTA The Witness and Victim Protection Agency (LPSK) filed a restitution lawsuit in the case of persecution against Cristalino David Ozora alias David Latumahina. LPSK submitted a restitution to Mario Dandy in the amount of Rp120 billion. This restitution is a compensation fee that must be paid to victims of Mario Dandy's persecution. So, what is a restitution lawsuit?
Quoted from the Kepaniteraan page of the Supreme Court, restitution is a compensation given by the perpetrator of a criminal act or a third party to the victim's family or his family.
Meanwhile, according to Government Regulation Number 43 of 2017 concerning the Implementation of Restitution for Children Who Become Victims of Criminal Acts, restitution is the compensation payment charged to the perpetrators based on a court decision that has permanent legal force on material and/or immaterial losses suffered by the victim or the heir.
In Article 2 of the PP, every child who becomes a victim of a criminal act has the right to receive Restitution.
Article 2 paragraph (1) PP No. 43/2017 states that children who are victims of action include:
According to Article 4 of the Supreme Court Regulation (Perma) Number 1 of 2022 concerning Procedures for Completing Applications and Providing Restitution and Compensation to Criminal Victims, the form of restitution given to victims of criminal acts can be in the form of:
To file a restitution lawsuit, the applicant must pay attention to the administrative requirements of the application as regulated in Article 5 of Perma Number 1 of 2022.
Requests for restitution must be made in writing in Indonesian and submitted to the Chairman/Head of Court either directly or through LPSK, investigator or public prosecutor.
The request for restitution submitted by the victim must contain:
The court authorized to hear the request for restitution is a court that hears perpetrators of criminal acts, namely district courts, human rights courts, military courts, high military courts and syar iyah courts.
In Article 9 of Perma No. 1/2022, the request for a restitution lawsuit does not erase the rights of victims, families, heirs and guardians to file a civil lawsuit, in the case of:
That's the information about what a restitution lawsuit is. Hopefully this article can increase the insight of VOI.ID readers.
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