PELAKSANAAN RESTORATIVE JUSTICE SEBAGAI UPAYA PEMENUHAN HAK RESTITUSI BAGI KORBAN TINDAK PIDANA PENGANIAYAAN DI PASAMAN BARAT

Abstract

Victims of criminal acts often bear their own medical expenses as a result of their
natural criminal acts. Even though the wound or illness received by the victim was not due to
his fault but from the perpetrator of the crime. Victims seem to be sidelined to obtain justice.
Especially after the issuance of Presidential Regulation No. 82 of 2018 concerning Health
Insurance Article 52 paragraph (1) letter (r). Victims of the crime of persecution who
previously had a Social Security Administering Body card, hereinafter referred to as BPJS,
can use it to ease their burden, are again sidelined and have to try to recover their condition
on their own. So the first research objective is to find out the implementation of restorative
justice as an effort to fulfill the right of restitution for victims of criminal acts of persecution
in West Pasaman. Second, knowing the efforts and obstacles in implementing restorative
justice as an effort to fulfill the right of restitution for victims of criminal acts of persecution
in West Pasaman.
This research is classified into the type of sociological legal research which is
engaged in the field of legal reality, on the basic aspects of law. Sources of data are primary
data and secondary data consisting of primary legal materials, secondary legal materials
and tertiary legal materials. Data collection techniques in this study were observation,
interviews, and literature study.
The results that can be obtained from this research are the implementation of
restorative justice as an effort to fulfill the right of restitution for victims of abuse in West
Pasaman, which can be implemented in two institutions, namely the West Pasaman Resort
Police and the West Pasaman District Attorney. The implementation of restorative justice at
the police level is carried out for those who carry out the functions of criminal investigation,
investigation and investigation in the police. Whereas in the prosecutor's office it is carried
out in the prosecution, namely when the responsibility for the suspect and evidence is handed
over or commonly referred to as stage two. Every restorative justice settlement can fulfill the
victim's right of restitution because it is necessary to prove that the victim's rights have been
fulfilled, then a peace agreement can be signed. Constraints and efforts in the implementation
of restorative justice as the fulfillment of the right of restitution for victims of persecution in
West Pasaman, there are several obstacles encountered related to obtaining a peace
agreement between parties caused by external factors in the form of compensation payments
and the ability of the perpetrators. Efforts made include providing mediation facilities,
bringing together parties by bringing in ninik mamak as an effort to reach a peace
agreement, and providing suggestions for peace.
Keywords: Restorative Justice- Mediation-Right to restitution