HAK RESTITUSI SEBAGAI PERLINDUNGAN TERHADAP KORBAN TINDAK PIDANA PADA LEMBAGA PERLINDUNGAN SAKSI DAN KORBAN

Abstract

Providing rights to individuals affected by criminal offenses is imperative for a government that upholds the tenets of legal definiteness and equity. The function of the law is twofold: firstly, to serve as a deterrent for those who engage in criminal acts, and secondly, to provide recourse to victims of such acts, as outlined in Law Number 31 of 2014, amending Law Number 13 of 2006. The present study examines and evaluates victims' entitlement to restitution in the event of criminal activity, as prescribed by Law Number 31 of 2014, about safeguarding both witnesses and victims. The present investigation endeavors to analyze the implementation of the victim's entitlement to reparation following a criminal offense perpetrated by the Witness and Victim Protection Agency (LPSK). This study pertains to normative juridical research that scrutinizes the positive legal norms inherent in legislation about allocating restitution rights to criminal act victims within the Witness and Victim Protection Agency. This study employs a descriptive analysis methodology and a functional approach to compare the legal concept of restitution rights. The former focuses on providing a detailed account of the concept. At the same time, the latter involves an examination of the laws and regulations governing it to assess the extent of similarity in their functions.