PEMULIHAN KERUGIAN KORBAN KEJAHATAN TERHADAP HARTA BENDA DALAM PERSPEKTIF HUKUM PIDANA

Abstract

Crimes against property in Indonesia have not been regulated perfectly in law so that
they are still partial and require further implementing regulations for the sake of justice and
welfare of those concerned. One of the rights of the victim is to get compensation from the
perpetrator so that it can help the victim to reduce his suffering. If the crime that befalls the
victim is a property crime with material losses, then the intended compensation is the return
of the victim's belongings or the perpetrator compensates for a number of victims' losses.
positive in Indonesia and its implementation. And secondly, to find out the ideal punishment
for criminal property crimes in Indonesia in the future.
From the results of this research on legal issues, it can be concluded that there are
several things that need to be done for the benefit and justice of law in Indonesia, both from
the perspective of perpetrators and victims. Namely, first, regulation of criminal sanctions
against property in positive law in Indonesia and its implementation. In the event that there
are several arrangements, namely Article 98 of the Criminal Procedure Code, Law Number
13 of 2006 concerning the Protection of Witnesses and Victims, Government Regulation
Number 35 of 2020 Amendments to Government Regulation Number 7 of 2018 concerning
Provision of Compensation, Restitution and Assistance to Witnesses and Victims . In Islamic
law, it is also known as the concept of Diyat. Besides that, there is also customary law that
occurs because of habits that have existed from the past and are used as rules in society.
Second, ideally the imposition of crimes against property in Indonesia in the future. In this
case the researcher provides a new alternative in solving the problem of crimes against
property, namely where to propose compensation to be one of the main crimes that should be
regulated in the types of Indonesian crimes. Seeing the many victims whose property will be
harmed in the future. Suggestions from the author is that in the future criminal law reforms
should be carried out where there are rules that clearly regulate the compensation suffered
by victims of crimes against property.
Keywords: Property, Victims, Compensation