Limits on the Value of Restitution for Victims of Crime A Form of Restorative Justice System

DOI

10.2991/978-2-38476-164-7_35How to use a DOI?

Keywords

Restitution; Restorative Justice; Victims

Abstract

The purpose of this paper is to determine the limitations of the value of compensation (restitution) for victims of criminal offenses and to find out what criminal offenses can be given restitution and compensation. Restorative justice is a settlement process that is carried out outside the criminal justice system by involving victims, perpetrators, families of victims and perpetrators, the community, and parties with an interest in a criminal offense that occurred to reach an agreement and settlement. This research uses normative legal research, namely studying rules from an internal perspective by using the object of research as a legal norm. The analysis given to examine this research is the analysis of legal interpretation, namely tracing the rules carried out on how the rules used in victimology studies should be for restitution of compensation for victims of crime. The phenomenon of resolving criminal cases through alternative dispute resolution, which leads to a win-win solution in America, is philosophically adopted to resolve criminal cases committed by corporations, considering that corporations have qualified organs and funds. So that the possibility of granting dispensation to victims can be realized with the principle of a rational win-win solution.

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  - Adi Kusyandi
PY  - 2023
DA  - 2023/12/21
TI  - Limits on the Value of Restitution for Victims of Crime A Form of Restorative Justice System
BT  - Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)
PB  - Atlantis Press
SP  - 376
EP  - 386
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-164-7_35
DO  - 10.2991/978-2-38476-164-7_35
ID  - Kusyandi2023
ER  -