IMPLEMENTASI KEADILAN BAGI KORBAN KEJAHATAN JALANAN STUDI PUTUSAN PENGADILAN NEGERI YOGYAKARTA (Nomor 15/Pid. Sus-Anak/2021/PN Yyk)

Nuraisa, NIM.: 19103040030 (2023) IMPLEMENTASI KEADILAN BAGI KORBAN KEJAHATAN JALANAN STUDI PUTUSAN PENGADILAN NEGERI YOGYAKARTA (Nomor 15/Pid. Sus-Anak/2021/PN Yyk). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

A good judge's decision is a decision that has gone through a careful and mature process in order to achieve legal objectives. The purpose of the law in question is justice for balance, expediency for happiness, and legal certainty for provision. The purpose of this law is useful to give satisfaction to every party, especially victims. This is because the victim is the direct party who experiences loss and suffering. The position of the victim has been considered neglected. Looking at the criminal justice system, it is found that perpetrators of crimes receive more attention than victims. With this assumption, the author is interested in researching victims of criminal acts through decision number 15/Pid.Sus- Anak/2021/PN Yyk. This verdict is a street crime case or its initial designation is klitih. From the explanation above, the issue is taken: whether the judge's consideration in deciding street crime cases in the verdict has fulfilled the rights of victims. This research is a type of field study research or Field Research that is descriptive-analytical. The approach used is the Juridical-Empirical approach. Data in this study were taken through interviews with judges, prosecutors, and victims in the verdict chosen by the author. The results revealed that in decision number 15/Pid.Sus-Anak/2021/PN Yyk, the judge had tried so that the decision could achieve legal objectives. The implementation of justice regarding the rights received by victims has been fulfilled but has not been maximized. The right that has been fulfilled to the victim is to be informed of every trial process from the beginning to the reading of the verdict. Perpetrators are given punishment which is also one of realizing a sense of justice for victims as well as a form of giving perpetrators the opportunity to take responsibility for their actions. To the community, giving punishment to perpetrators is also one of the guidance so as not to commit the same action. Then the rights that have not been received by the victim are the right to get restitution on the grounds that the perpetrator is incapacitated and on the recovery of trauma, on the grounds that it is constrained by the extension of the recovery period. Restitution is not a principal or additional crime according to the Criminal Code, restitution is a right that can be requested by the victim. This refers to Perma Number 1 of 2022 concerning Procedures for Resolving Restitution Applications. In the Perma, it is explained that the judge after the process of examining the restitution application file will consider it into the decision. This became the judge's juridical reason for accepting and incorporating the victim's request for restitution into the ruling.

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