PEMBERIAN GANTI RUGI BERUPA KOMPENSASI TERHADAP KORBAN TINDAK PIDANA (Kajian Yuridis Putusan Pengadilan Negeri Kediri Nomor 30/Pid.B/2022/PN.Kdr, j.o, Putusan Pengadilan Tinggi Surabaya Nomor 620/PID/2023/PT.SBY)

Abstract

Scams disguised as online investment schemes, trading robots, and stock investments are currently rampant in the vicinity of our residential areas. The victims are individuals seek ing high investment returns from criminal perpetrators, only to incur losses due to fraud. In response to this issue, the Supreme Court of the Republic of Indonesia has issued Supreme Court Regulation Number 1 of 2022 regarding Procedures for Resolving Requests and Providing Restitution and Compensation to Victims of Criminal Acts. This study discusses a juridical analysis of the legal considerations (ratio decidendi) of the Panel of Judges in the Decision of the Kediri District Court Number 30/Pid.B/2022/PN.Kdr, as well as the Decision of the Surabaya High Court Number 620/PID/2023/PT.SBY, regarding the provision of compensation to victims of criminal acts by returning/handing over evidence of the criminal acts to the victims. In the legal considerations of its decision, the panel of judges at the Kediri District Court rejected one of the public prosecutor's demands for compensation, which is to return/hand over the evidence to the victim. However, the decision of the judges at the Surabaya High Court differs; in their legal considerations, the Panel of Judges atthe Surabaya High Court considered a greater reduction of losses compared to the money given to the defendant. Additionally, the panel of judges also provided an opportunity for the victim to pursue other legal remedies to claim different forms of compensation.This study employs the Legal Research/Normative method with the aim of enabling victims of fraud and similar criminal acts to understand the legal remedies available to obtain compensation. Based on the research findings, it can be concluded that victims of criminal acts, particularly fraud, can pursue legal remedies such as civil lawsuits for damages, restitution, and compensation, which can be granted by the court

Keywords

• ponzi scheme investment
• restitution
• fraudulent criminal acts