Submission Description
In 1985, the United Nations adopted the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power. This declaration demands countries regulate the provision of access to justice for victims of crime and their fair treatment within justice systems. It also includes the obligation to fulfil rights such as restitution, compensation, and assistance for victims. It reflected the global trend in rethinking the purpose of criminal law policy as being not about sanctioning offenders but also prioritizing the protection and recovery of victims of crime.
However, In Indonesia, the challenges with these different Indonesia legislative instruments are that, although they address the restoration mechanism for the loss suffered by victims and focus on forms of criminal harm, they were enacted without making significant changes to the existing Indonesian criminal procedural law. That procedural law is found in Law No. 8/81 on Criminal Procedure Law/Kitab Undang-Undang Hukum Acara Pidana (KUHAP). The KUHAP primarily emphasizes safeguarding the rights of suspects. The only provision of the Indonesian Criminal Procedure Law (KUHAP) that regulates victims' rights is Article 98. This article outlines how prosecutors may combine criminal prosecutions with civil lawsuits to pursue civil damages suffered by victims because of criminal acts. Therefore, this study asks, ‘How are the rights to receive restoration and interest of victims conceived within Indonesia’s evolving criminal justice system?’ and analyzes through the regulation of criminal justice in Indonesia
Presenters
Presenters
Individual Paper Presenters
Mr Dio Wicaksana - School of Regulation and Global Governance, the Australian National University