Compensation (“Ganti Rugi”): Regulatory Laws and Their Problems in Diversion, Restorative Justice, and Restitution Verdicts in Indonesia

DOI

10.2991/978-2-38476-164-7_24How to use a DOI?

Keywords

“ganti rugi”; diversion; restorative justice; restitution

Abstract

Victims of criminal acts are often the most adversely affected, while frequently experiencing a domino effect due to the crime committed against them. Compensation or “ganti rugi” in this context is seen as a solution, but there’s a gap between the ideal and the actual implementation. This study uses an empirical juridical research method and undergoes qualitative analysis. The findings highlight that “ganti rugi” is only partially regulated within Indonesian legislation. The concept where perpetrators offer “ganti rugi” to their victims is termed as “restitution”, but achieving such restitution necessitates a court process. Conversely, “ganti rugi” can also be established based on a peace agreement either in diversion or restorative justice procedures. Reality shows numerous challenges associated with “ganti rugi”, whether achieved through diversion, restorative justice, or court-ordered restitution. These include the absence of a solid mechanism to enforce “ganti rugi” in diversion and restorative justice, a pervasive low level of legal awareness among law enforcement and victims, leading to few restitution requests. The often high demands for “ganti rugi” from crime victims and the perpetrator’s inability to fulfill them become central concerns. Addressing these issues demands regulations that ensure the execution of “ganti rugi” in all settings, whether in diversion, restorative justice, or through court-mandated restitution.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Rani Hendriana
AU  - Lintang Ario Pambudi
AU  - B. Khalid Hidayat Jati
AU  - R. Dwi Hapsari
AU  - T. Nurani Ajeng
AU  - Angkasa
AU  - R. Alam Anugrah
AU  - R. Deris Farhan
AU  - P. S. Jefri Romy
PY  - 2023
DA  - 2023/12/21
TI  - Compensation (“Ganti Rugi”): Regulatory Laws and Their Problems in Diversion, Restorative Justice, and Restitution Verdicts in Indonesia
BT  - Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)
PB  - Atlantis Press
SP  - 254
EP  - 265
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-164-7_24
DO  - 10.2991/978-2-38476-164-7_24
ID  - Hendriana2023
ER  -