Pemenuhan Hak Restitusi Terhadap Anak Korban Kekerasan Seksual Oleh Terpidana Mati (Studi Kasus Putusan Nomor 86/Pid.Sus/2022/PT Bdg)

Abstract

The aim of this research is to determine and analyze the fulfillment of the right to restitution for victims of sexual violence by death row inmates and to analyze the basis for the panel of judges' considerations in implementing restitution payments to death row inmates (Case Study Decision Number 86/Pid.Sus/2022/PT Bdg). The formulation of the problem is 1) How is the right to restitution fulfilled for victims of sexual violence by death row inmates (Case Study Decision Number 86/Pid.Sus/2022/PT Bdg)? and 2) What is the basis for the panel of judges' consideration in imposing restitution on death row inmates (Case Study Decision Number 86/Pid.Sus/2022/PT Bdg)? The type of research is normative juridical using a statutory approach, a case approach and a conceptual approach. The results of the research show that: 1) Restitution payments are charged to death row prisoners for 12 child victims, which is contrary to Article 67 of the Criminal Code. 2) Consideration from the Panel of Judges at the Appellate Level in Decision Number 86/Pid.Sus/2022/PT Bdg, that imposing restitution payments on the state would set a bad precedent and make perpetrators comfortable not being burdened with paying compensation.