RASIO LEGIS PASAL 144 HURUF X KUHAP MENGENAI VICTIM IMPACT STATEMENT SEBAGAI INSTRUMEN DETERMINASI KERUGIAN DALAM DISKURSUS ASAS GANTI KERUGIAN

Abstract

This research is motivated by the unregulated mechanism for victims' rights in conveying the impact of criminal acts. Victims still tend to be positioned as witnesses, while the losses they experience have not been fully considered in the criminal justice process. The presence of Article 144 Letter X of the Criminal Procedure Code concerning victim impact statements provides space for victims to convey the impact of the crime they experienced, but the mechanism has not been regulated. The purpose of this study is to analyze the regulation of victim impact statements as an instrument for determining victim losses and the ideal mechanism in the submission process related to the principle of victim protection. This study uses a normative juridical method with a statutory approach. The results show that victim impact statements can function as an instrument in calculating victim losses, both material and immaterial losses and can be a consideration for judges in determining recovery, restitution, and compensation. The existence of victim impact statements helps judges understand the victim's losses so that they can be considered in making decisions and determining compensation. The ideal mechanism for victim impact statements can be implemented in two ways: first, by being submitted during/after the evidentiary process, and second, through the restitution determination mechanism.

Kata kunci: Victim Impact Statement, Victim of Crime, Determination of Losses, Compensation Principle.