Many Prosecutors Ask for Calculation of Restitution Before P21

Jakarta, IDN Times – The issue of restitution was widely discussed after the verdict against the rapist of 12 female students from Bandung, Herry Wirawan. Deputy Chairperson of the Witness and Victim Protection Agency (LPSK), Livia Istania DF Iskandar, revealed that previously LPSK had received many requests for restitution calculations from the prosecutor’s office.

He said the prosecutor’s request was made before a P21 case or case file was declared complete.

“Many prosecutors, prosecutors (prosecutors) who asked for LPSK calculations before (case) P21, could, so there is an awareness of important restitution, included in the prosecutor’s demands and also for the panel of judges to pass,” said Livia in a webinar broadcast on the Youtube channel. IJRS TV, Wednesday (9/3/2022).

1. Appreciation to a number of prosecutors, many perpetrators paid restitution

LPSK: Many Prosecutors Ask for Calculation of Restitution Before Case P21Head of the Witness and Victim Protection Agency (LPSK), Livia Istania DF Iskandar (IDN Times/Irfan Fathurohman)

LPSK has even given several awards related to restitution to a number of high prosecutors (Kejati). For example, the Attorney General’s Office in Lampung, Central Java and Bengkulu.

In addition, many state prosecutors (Kejari) have received awards, one of which is the South Jakarta Kejari for restitution.

“So even though the number is still very small from LPKS’ calculations, recently, more and more perpetrators are paying restitution,” he said.

Read also: Restitution polemic in the Herry Wirawan case, KemenPPPA refuses to pay

2. The difference between compensation and restitution

LPSK: Many Prosecutors Ask for Calculation of Restitution Before Case P21Photo of the clothes of victims of sexual violence on display at the Monood Building, Kota Lama Semarang. LBH Apik Semarang Public Relations Doc

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The concept of restitution is specifically regulated in Law Number 21 of 2007 concerning Eradication of the Crime of Trafficking in Persons and Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection.

“From the regulations that have been mentioned, compensation and restitution are a form of recovery for crime victims. The difference is that compensation is paid by the state, while restitution is paid by the perpetrator or a third party,” he said.

3. There needs to be a discussion about the confiscation of the perpetrator’s assets who are the nuclear family

LPSK: Many Prosecutors Ask for Calculation of Restitution Before Case P21Illustration of sexual violence against women (IDN Times/Arief Rahmat)

There is one note from LPSK regarding the provision of compensation and restitution to victims. One of them is related to asset confiscation if the perpetrator is the victim’s nuclear family, such as biological father or stepfather, grandfather, uncle, brother, or sister.

“Indeed, we have to discuss next, how the asset confiscation is carried out if for example it is his close family,” he said.

4. The mode of criminals avoids the obligation to pay restitution

LPSK: Many Prosecutors Ask for Calculation of Restitution Before Case P21Herry Wirawan, the rapist of 12 female students in Bandung (Dok. Humas Kajati West Java)

Previously, the Deputy Chairperson of LPKS Susilaningtias revealed that there was a modus operandi of criminals avoiding the obligation to pay restitution. Among other things, the perpetrators chose to serve additional sentences rather than pay restitution.

“Perhaps it is better for these perpetrators, there seems to be a mode. ‘I think it would be better if I served an additional sentence in lieu of imprisonment. Yes, I don’t have to pay Rp. 100 million in restitution, but I am in prison for one month‘, for example,” he said in a virtual discussion entitled ‘Introducing the Victim Trust Fund Mechanism in the TPKS Bill’, Monday (28/2/2022).

He considered the modus operandi of these perpetrators could have a negative impact on the victim. Because, the victims do not get the rights to the fullest.

The issue of restitution was widely reported after Herry Wirawan was sentenced to life imprisonment and paid restitution to his victims, but it was charged to KemenPPPA. However, the state admitted that it was reluctant to pay Herry’s restitution.