SCLS
Vol 1, No 2 (2023)

CRITICAL ANALYSIS OF RESTITUTION BURDEN TO THE STATE (STUDY OF HERRY WIRAWAN)

A Muflih El Zuhdi (Faculty of Law, Universitas Sriwijaya)
Teuku M Sulthanarafif (Faculty of Law, Universitas Syiah Kuala)
Dinda Maulia Dini (Faculty of Law, Universitas Sriwijaya)
M Abid Bagas (Faculty of Law, Universitas Sriwijaya)
Henny Yuningsih (Faculty of Law, Universitas Sriwijaya)



Article Info

Publish Date
06 Dec 2023

Abstract

The crime of sexual violence against children is a severe problem that effect urgency to pay attention to protection and prevention. The government approved Law Number 11 of 2022 concerning Sexual Violence Crimes, even though immoral acts are hard to disclose to the surface as appropriate iceberg phenomena. This research was motivated by defendant Herry Wirawan who committed the crime of sexual violence against 12 child victims. This research focuses on the judge's considerations in imposing restitution and defendant criminal liability. This research method is normative legal research with a statue and contextual approach with primary legal sources in the Bandung District Court Decision Number 989/Pid.Sus/2021/PN.Bdg and Bandung High Court Decision Number 86/Pid.Sus/2022/ PT. Bdg. At the District Court, the panel of judges imposes restitution for the state that has experienced a juridical error regarding the difference between restitution and compensation. The district court decision was amended in the appeal-level decision which stated that the defendant would be charged with restitution. From the primary sources, it was found that there are provisions that can be met if the defendant is unable to pay restitution through asset confiscation according to Law Number 11 of 2022 concerning Sexual Violence.

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Journal Info

Abbrev

SCLS

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Sriwijaya Crimen Legal Studies (SCLS) is a journal in the field of law that publishes articles which include but not limited to articles with the themes: Administrative Crime, Juvenile Delinquent, Criminal Anthropology, Criminal Sociology, Penology, Criminal Psychology, Environmental Crime, Islamic ...