The study proposes the compensation and restitution regulations which should be oriented to protect the victim of crime. Although most regulations have been adopted the right of the victims to receive the compensation and restitution, but this study finds that there are some weaknesses in such regulations. Hence, compensation regulation should be specifically focused on the fulfillment of the right of the victims of crime. It shall not depend on court decisions, but such compensation should be provided even though the victims ceased before the court proceeding has started, or even if he or she wrongly arrested by police. This compensation is only to cover material losses and traumatic stress recovery cost. It could be paid directly monthly/yearly and could be converted to other form of compensation. Restitution refers to the paradigm of restorative justice. In Indonesia, restitution should be based on final and binding court decision. If the perpetrator does not want to provide it for the victim, he/she has moral obligation to provide it for the victim oven without inkracht court decision, and this could be used by the judges to pardon the perpetrator. Restitution shall be enforced for all criminal offences which resulting direct and indirect losses for the victims. Restitution is not merely about monetary values but moral obligation of the perpetrator to recover the victim’s condition.
Many lands owned by the community that do not yet have certificates, whereas the evidence they have is only in the form of Girik (Letter C), which is only proof of payment of tax, not proof of land rights. Therefore, its position in the modern economic era will be a polemic when the land is used as collateral for banks to obtain credit as venture capital. This study uses a sociological juridical approach, namely by observing the enactment of law in the community, among others, comparing the laws and regulations with the implementation of giving credit with Girik (Letter C) proof as collateral. This study aims to find out the implementation of Bank Indonesia Regulation Number 13/26/PBI/2011 in according to Act of Republic of Indonesia Number 4 Year 1996 concerning Mortgage and Objects Related to Land and Government Ordinance of Republic of Indonesia Number 24 Year 1997 concerning Land Registration and how to protect the law against creditors in the event of a default from the debtor that provides Girik. The results of the study show that Girik (Letter C) is not proof of ownership of land rights as stipulated in the legislation, but only as proof of payment of taxes. However, Girik is one of the proofs as a condition for the legal registration of rights to land. In addition to protecting creditors as holders of mortgage rights, a Notary / PPAT can be requested to make SKMHT together with land registration, can it be tied up with the APHT .
The provision of legal aid is one way to realize access to law and justice for the poor people provided by the state on the mandate of the constitution. Several regulations regarding legal aid have been issued by the state through the Act and its implementing regulations as well as from the Supreme Court or the Constitutional Court through the Supreme Court Regulations and the Constitutional Court's decisions. Legal aid is the constitutional right of every citizen to guarantee legal protection and guarantee equality before the law stipulated in Law Number 16 of 2011, the State is responsible for recognizing and protecting the human rights of every individual without differing backgrounds so that everyone has the right to be treated equally before the law is contained in Article 28D of the 1945 Constitution of the Republic of Indonesia. For the poor who experience legal problems in the form of injustice, they can request legal assistance from legal aid institutions that are regulated in legislation. The purpose of providing legal aid is to guarantee and fulfill the right for Legal Aid Recipients to gain access to justice, to realize the constitutional rights of all citizens in accordance with the principle of equality in law, to ensure the certainty that the implementation of Legal Aid is carried out equally across the territory of the Republic of Indonesia. , and to create an effective, efficient and accountable court.
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