Rozzyana Nyndhya, . (2024) PIDANA TAMBAHAN RESTITUSI DALAM PENANGANAN PERKARA TINDAK PIDANA UMUM OLEH KEJAKSAAN. Tesis thesis, Universitas Pembangunan Nasional Veteran Jakarta.
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Abstract
The implementation of additional criminal charges in the form of restitution in criminal justice training in Indonesia has been carried out and implemented by Ministries/Institutions by their respective authorities. However, in its implementation, the implementation of restitution is considered not optimal because of the legal vacuum both in the criminal provisions governing restitution in the law and in the internal regulations of the Ministry / Institution, in this case, the researcher highlighted from the side of the Prosecutor's Office as the prosecution institution. In the example of the case taken by the researcher both in the Mario Dandy case and in the Syahril Parlindungan case, it was found that the application of a different substitute crime if the defendant did not pay restitution. This is because there is no regulation for criminal substitutes from restitution in the guidelines for prosecuting general crimes, so that the public prosecutor in preparing the prosecution has no benchmark in considering or determining the appropriate substitute crime if the defendant does not pay restitution. This research is a normative juridical research so the data from this study is obtained from primary legal materials and secondary legal materials. The legal research approach applied in this study uses a legal research approach (statute approach) and a conceptual approach (conceptual approach). The results of this study will be presented by describing the data obtained through literature studies analyzed by quantitative methods. The literature study method is used to obtain information or information about how restitution and criminal arrangements instead of restitution are regulated both in laws and regulations internally at the Ministries/Institutions that organize restitution such as the Witness and Victim Protection Agency (LPSK) and the institution that organizes prosecutions, namely the Prosecutor's Office.
| Item Type: | Thesis (Tesis) |
|---|---|
| Additional Information: | [No.Panggil: 2210622006] [Pembimbing 1: Supardi] [Pembimbing 2: Handoyo Prasetyo] [Penguji 1: Handar Subhandi Bakhtiar] [Penguji 2: Beniharmoni Harefa] |
| Uncontrolled Keywords: | Restitution, Criminal substitute restitution |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S2) |
| Depositing User: | ROZZYANA NYNDHYA |
| Date Deposited: | 23 Aug 2024 07:22 |
| Last Modified: | 23 Aug 2024 07:22 |
| URI: | http://repository.upnvj.ac.id/id/eprint/31876 |
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