Analisis Urgensi Fungsi Victim Impact Statement dalam Proses Peradilan Pidana

Abstract

The criminal justice system is implemented based on the provisions of the Criminal Code and the Criminal Procedure Code, thus involving the relationship between the perpetrator, victim, and state. The position of the victim in the criminal system is often ignored so that providing their rights for the losses incurred is not implemented properly. The victim impact statement is a concept that prioritizes protection for victims that can be implemented in Indonesia to protect the basic rights of victims. This research is juridical-normative research. Data collection uses primary legal sources in the form of laws and regulations and opinions of legal experts. Based on the results of the study, it shows that the Criminal Code has not clearly stated the real or direct formulation regarding the provision of legal protection for victims, while the Criminal Procedure Code regulates the position of victims as witnesses who can be asked for information about what they see, hear, or experience. The formation of laws and regulations and the regulation of victim impact statements must be based on appropriate parameters so that victims should be able to provide statements of impact on the criminal acts that occur.