Obstacles to the Enforcement of Restitution for Crime Victims in Indonesia: A Perspective on Legal Certainty and Victim Protection

Abstract

Restitution is a form of remedy for victims of crime through compensation for losses, payable by
the offender or another party legally required to provide it. In Indonesia’s criminal justice system,
restitution has been regulated through Law Number 31 of 2014 concerning Amendments to Law
Number 13 of 2006 on the Protection of Witnesses and Victims, Government Regulation Number
7 of 2018 as amended by Government Regulation Number 35 of 2020, and Supreme Court
Regulation Number 1 of 2022. Nevertheless, the existence of these regulations does not, in itself,
ensure that victims effectively receive restitution after a court decision has been issued. This study
aims to examine the legal framework governing restitution, identify obstacles to enforcing
restitution decisions, and formulate measures to strengthen the fulfillment of crime victims’ rights
in Indonesia. It employs normative juridical research using statutory and conceptual approaches.
Secondary legal materials are analyzed qualitatively through legal interpretation and systematic
reasoning. The analysis indicates that obstacles to restitution enforcement include offenders’
limited financial capacity, difficulties in identifying and tracing assets, inadequate inter-agency
coordination, victims’ limited understanding of restitution procedures, and ineffective compulsory
payment mechanisms in certain circumstances. Accordingly, enforcement procedures need to be
strengthened, asset tracing should begin at an early stage of criminal proceedings, coordination
among courts, prosecutors, and the Witness and Victim Protection Agency should be improved,
and mechanisms for victim recovery should be developed for cases in which offenders are unable
to pay.