Analysis of Merging Civil Lawsuits into Criminal Cases in Compensation for Victims in Fraud and Money Laundering Cases (Study of Decision Number: 196/Pid.Sus/2021/PN Jkt.Utr)

Abstract

In an effort to realize the principle of the rule of law above in the life of society and the state, the rights of the community really need to be considered. We can see this in the development of criminal cases and compensation claims (which are civil in nature) in one criminal trial. This study aims to examine and analyze the implementation of merging civil lawsuits into criminal cases in compensation for victims. as well as examining and analyzing the inhibiting factors and their solutions in the implementation of merging civil lawsuits into criminal cases in compensation for victims. In the research conducted, the writing uses an empirical Juridical approach. The results of this study are the implementation of the merger of civil lawsuits into criminal cases in compensation for victims, such as in the case of defendant D.W., showing the importance of integration between criminal law enforcement and protection of victim rights. Although the provisions in Article 98 of the Criminal Procedure Code provide a legal basis for the merger of lawsuits, weaknesses in implementation, such as the absence of clarity regarding the confiscation and allocation of defendant assets for recovery of losses, create obstacles for victims to obtain compensation. This creates legal uncertainty and injustice for victims, who are at risk of not receiving proper compensation even though the defendant has been found guilty. (2) Inhibiting factors: existing legal substance obstacles do not provide clarity and clarity regarding the mechanism for confiscation and management of assets for victim compensation, creating legal uncertainty; legal structure obstacles, weak coordination between law enforcement officers, prosecutors, and courts complicate the management of evidence, so that assets that should be used for victims are often neglected; legal culture obstacles that focus more on punishing perpetrators without giving adequate attention to the restoration of victim rights hinder the application of the principle of substantive justice. To overcome these obstacles, regulatory reform, the establishment of a special unit for managing criminal assets, and increasing the capacity of law enforcement to create a fairer and more effective justice system are needed.