Legal Reconstruction of Victim's Protection Regulations through Claims for Damages Case Combination Based on Justice Value
| Autor: | Achmad Jusriadi, Gunarto Gunarto, Sri Endah Wahyuningsih |
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| Rok vydání: | 2023 |
| Předmět: | |
| Zdroj: | Saudi Journal of Humanities and Social Sciences. 8:61-66 |
| ISSN: | 2415-6248 2415-6256 |
| DOI: | 10.36348/sjhss.2023.v08i03.005 |
| Popis: | The objectives of this research are to analyze and find legal weaknesses of Victim's Protection Regulations through Claims for Damages Case Combination and how to reconstruct the Victim's Protection Regulations through Claims for Damages Case Combination based on justice value. The method used in this study uses an empirical approach and a normative juridical approach with the paradigm used by the constructivism paradigm. This study uses the constructivism paradigm. The approach method used is sociological juridical, with descriptive-analytical research specifications. The data used are primary data and secondary data, which are then analyzed. The results of the study show that the weaknesses in merging cases for compensation claims include: a) Lawsuits can only be filed at the first level; b) The public prosecutor who enters the request for compensation in the case file; c) The decision on compensation demands is very dependent on the criminal case, therefore, Based on the foregoing, the legal reconstruction as intended by the author is by adding a new article, namely article 98 paragraph (3) which reads: "That the Public Prosecutor is obliged to ask the victim whether he wants to make a claim for compensation" and also revises Article 100 paragraph ( 2) so that it reads: "If a criminal case is not filed for an appeal, then an appeal regarding the decision for compensation is still permitted." |
| Databáze: | OpenAIRE |
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