PERLINDUNGAN HUKUM ATAS KORBAN PELANGGARAN HAM BERAT MENURUT TINJAUAN HUKUM POSITIF DI INDONESIA DALAM MASALAH PEMBERIAN KOMPENSASI, RESTITUSI DAN REHABILITASI

SYAHBANDI, ,. (2016) PERLINDUNGAN HUKUM ATAS KORBAN PELANGGARAN HAM BERAT MENURUT TINJAUAN HUKUM POSITIF DI INDONESIA DALAM MASALAH PEMBERIAN KOMPENSASI, RESTITUSI DAN REHABILITASI. Other thesis, Untag Surabaya.

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Abstract

The Scientific writing discusses the concept of compensation for the victims of criminal acts in the law and regulations in Indonesia and its practice which has been implemented in the human rights court, as well as the role optimalization of the public prosecutors in fighting for the right of the victims, especially the victims of serious human rights violation, to get compensation in criminal justice process. The research method is normative judicial. The research result conclude that although the law guarantees the victims of serious human rights violation to get compensation,restitution and rehabilitation, in the implementation it is not effective, the weak concept and procedure of the compensation and restitution governed in the Law No. 26 of the year 2000 become the important factor of the compensation and restitution implementations effectiveness so that the improvement of the concept and the strengthening of the law procedure concerning the compensation, restitution and rehabilitation must be done in order to be effective in the implementation. Moreover,the parties directly involved in filing for compensation and restitution through criminal justice mechanism, especially the public prosecutors, have not optimally fought to fulfill the right of those victims. The Attorney General’s Office should have had a clear policy to fight for the rights of victims to receive compensation, restitution and rehabilitation.

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