Karya Ilmiah

DISERTASI (308) - Perampasan Aset Pelaku Tindak Pidana Untuk Memulihkan Kerugian Korban Sebagai IUS CONSTITUENDUM

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Recovery of victim’s losses is still a very important issue and has not yet
received a definitive solution because the current criminal law does not allow
recovery of victims' losses. Restoring the rights of victims of criminal offenses is
not a priority in criminal law enforcement because law-making institutions and law
enforcement officials pay little attention to the interests of victims. In addition,
there are no laws and regulations in Indonesia that require law enforcement officials
to recover victims' losses so that law enforcement officials do not have a legal
commitment to recover these losses. The protection and restoration of victims'
rights in general have not yet received the proper recognition in criminal law
enforcement even though the victim is the party most disadvantaged in the
occurrence of criminal acts.
Confiscation of assets of a criminal offender to recover or recover a victim's
loss is one of the objectives of reforming the criminal law as ius constituendum.
Based on Article 28H paragraph (4) of the 1945 Constitution of the Republic of
Indonesia, the perpetrators of criminal acts that have taken the victim's property
have an obligation to return the victim's belongings or recover the victim's loss.
Peace and recovery of victims 'losses as a characteristic of the criminal justice
system with a restorative justice approach are the basis of the philosophy of a new
additional criminal arrangement in the form of payment of compensation for
victims' losses.
Keywords: Confiscation, Victim, Restorative Justice

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Ketersediaan

031327017315

308 Mul p

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

308 Mul p

Penerbit

Surabaya : Fakultas Hukum Unair., 2020

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

IUS CONSTITUENDUM

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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