Analysis of the Reform of Indonesian Criminal Procedure Law on the Protection of Victims' Rights in the Criminal Justice System
Abstract
The protection of victims' rights is one of the primary indicators of the effectiveness of a criminal justice system in achieving substantive justice. Traditionally, the Indonesian criminal justice system has been predominantly offender-oriented, resulting in insufficient attention to the rights and interests of victims. This condition has encouraged various reforms in criminal procedural law aimed at strengthening the position of victims within the justice process, including access to information, legal protection, restitution, compensation, and victim recovery. Nevertheless, the implementation of criminal procedural law reforms continues to face normative and institutional challenges that affect the effectiveness of victim protection. This study aims to analyze the reform of Indonesian criminal procedural law in relation to the protection of victims' rights, evaluate the effectiveness of existing legal regulations in ensuring access to justice for victims, and formulate a model of criminal procedural law reform that is more responsive to the protection of victims' rights. The research employs a normative juridical method using statutory, conceptual, case, and human rights approaches. Data were collected through library research involving legislation, court decisions, international legal instruments, and relevant academic literature. The data were analyzed qualitatively using descriptive-analytical, evaluative, and prescriptive methods. The findings indicate that reforms in Indonesian criminal procedural law have strengthened the recognition of victims' rights through various legal instruments; however, their implementation remains inadequate. Obstacles such as the dominance of the retributive paradigm, limited mechanisms for victim participation, restricted access to restitution and compensation, and weak coordination among law enforcement institutions have hindered the full realization of victims' rights. Therefore, further reform of criminal procedural law is necessary to establish a victim-centered justice system by integrating human rights principles, access to justice, and victim recovery as essential components of a modern criminal justice system.
Keywords
Human Rights, Legal Studies
Full Text:
PDFDOI: http://dx.doi.org/10.30659/icls.v6i1.53908
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