Analysis of the Effectiveness of Compensation Lawsuits as a Means of Victim Recovery in the Indonesian Civil Law System

Tyas Palupy

Abstract


Compensation claims constitute one of the fundamental instruments of civil law aimed at providing remedies for parties who suffer losses resulting from unlawful acts or breaches of contractual obligations. From the perspective of victim protection, compensation mechanisms serve not only as a means of economic reform but also as a legal avenue for restoring violated rights and achieving justice for victims. However, the effectiveness of compensation claims within the Indonesian civil law system continues to face significant challenges, including lengthy judicial proceedings, difficulties in proving damages, low rates of judgment enforcement, and limited public access to legal remedies. These issues raise concerns regarding the extent to which compensation claims can effectively, fairly, and sustainably restore victims' rights. This study aims to analyze the legal framework governing compensation claims in the Indonesian civil law system, evaluate their effectiveness as a mechanism for victim recovery, and formulate a strengthened legal model that is more responsive to victims' needs. The research employs a normative legal method using statutory, conceptual, case, and comparative approaches. Research data are collected through library research involving legislation, court decisions, legal doctrines, academic literature, and relevant research findings. The study reveals that although compensation claims remain the primary legal mechanism for victim recovery in civil law, their implementation has not fully ensured justice and legal certainty for victims. Therefore, legal policy reforms, procedural simplification, and stronger judgment enforcement mechanisms are necessary to enhance the effectiveness of victim recovery within the Indonesian civil justice system.

Keywords


Human Rights, Legal Studies

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DOI: http://dx.doi.org/10.30659/icls.v6i1.54025

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