QUO VADIS PERLINDUNGAN HUKUM TERHADAP KORBAN MELALUI RESTITUSI (Perspektif Filsafat, Teori, Norma dan Praktek Penerapannya)

Budi Suhariyanto(1*)

(1) Puslitbang Kumdil MA-RI
(*) Corresponding Author

Abstract


Restitution is a form of legal protection form for victims of victim recovery oriented. Normatively, on the positive law, restitution has not been cooperated well yet. Consequenly, the application of the restitution had a problem, specifically unsynchronized legal structure. Under the integrated criminal justice system perspective, legal structure and legal substance disharmony need to be reorganized (regulated). A fundamental arrangement will be done by rephylosophy some punishment, than make restitution become a prinsipal (main)criminal and giving a new position for the victim to the later integrated criminal justice system based on the phylosophy of restoratifjustice.

Keywords: legal protection, victims, restitution.


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DOI: http://dx.doi.org/10.25216/jhp.2.1.2013.109-130

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