The Indonesian Criminal Justice System is currently under development and oriented toward the perpetrators’ interest and the victims’ protection. In addition to the entitlement to protection, the victims of particular crimes shall also have the right to compensation and Restitution.

The Indonesian Government has issued Government Regulation No. 43 of 2017 on the Implementation of Restitution for Children who Become Victims of Crime and Government Regulation No. 35 of 2020, an Amendment to Government Regulation No. 7 of 2018 on the Provision of Compensation, Restitution and Assistance to Witnesses and Victims. However, both regulations have limited scopes that do not cover the technicality of the restitution settlement.

To solve this problem, the Chief of Justice of the Supreme Court has announced the issuance of Supreme Court Regulation No. 1 of 2022 (“PERMA 1/2022“) concerning the Procedure for Completing Applications and Providing Restitution and Compensation to Victims of Crime, in this article we will highlight the key provisions.

What is Restitution?

Defined in PERMA 1/2022, Restitution is compensation given to victims or their families by perpetrators of criminal acts or third parties.

Restitutions may be granted to victims or their families in the form of:

1. Compensation for loss of wealth and/or income;
2. Compensation for losses, both material and immaterial, caused by suffering directly related to a crime;
3. Reimburse of medical and/or psychological treatment costs; and/or
4. Other losses victims suffer due to criminal acts include basic transportation costs, attorney fees, or additional costs related to legal proceedings.

Restitution is requested by a “Petitioner.” Article 1 point 3 of PERMA 1/2022 defines a Petitioner as a victim, family, parents, guardian, heir, attorney, or Witness and Victim Protection Agency.  

While the definition of the victim, as mentioned in the Petitioner’s definition, is a person, including children who are not yet 18 (eighteen) years old or are still in the womb, who experiences physical and mental suffering and/or economic losses as a result of a crime.

However, not all victims of crimes are eligible for Restitution under PERMA 1/2022. The provisions in PERMA 1/2022 only apply to petitions for Restitution for cases of criminal acts of serious human rights violations, terrorism, trafficking in persons, racial and ethnic discrimination, crimes related to children, and other crimes determined by a decision of the LPSK.

How to Request for Restitution?

First, there are several requirements must be included within the restitution petition, which is:

1. The Identity of the Petitioner;
2. The identity of the victim, in case the Petitioner is not the victim;
3. Description of the criminal act;
4. The identity of the Defendant/Respondent;
5. Description of material/immaterial loss suffered; and
6. Amount of Restitution petitioned.

The request for Restitution can be submitted during the trial process of the criminal case in which the petition for Restitution is submitted to the Chairperson/Head of the Court directly or through the LPSK, investigators, or the Public Prosecutor.

In the event that the victim does not submit a petition for Restitution in the trial process against the perpetrator of the crime, the petition can be filed after the court verdict of the primary criminal case has become legally binding and/or no longer than 90 (ninety) calendar days after the Petitioner becomes aware that the court verdict has become legally binding.

The Petition of Restitution Process

The Court that has the authority to try and decide whether the petition for Restitution is granted is the Court that tries the criminal perpetrators of the leading criminal case.

The petition process is divided into 4 (four) agendas as follows:

1. Petitioner’s petition hearing;
2. Respondent’s response hearing;
3. Examination of evidence; and
4. Court ruling hearing.

It is to be noted that the entire petition process shall not exceed 21 (twenty-one) days from the first agenda, which is the hearing of the Petitioner’s petition.

Who must pay Restitution to the Victims?

The definition states that Restitution is compensation given to the victims and/or their families by the perpetrator and/or third parties.

A third party is a party other than the perpetrator of a crime willing to pay Restitution. Third Parties are other parties who are required to be willing to pay Restitution. In this case, the phrase willingness is related to a relationship with the perpetrator of a crime, both family relations and other relationships, as evidenced by valid evidence, such as the decision on a criminal case.

All things considered, not all people or entities can be immediately categorized as a third party that is obligated by the Court to pay Restitution to the victim because it requires willingness and a legal relationship that can be proven by solid evidence (i.e., familial relationship).

Thus, depending on the court ruling, the perpetrator or third parties mentioned in the ruling for Restitution have an obligation to pay the amount of Restitution petitioned by the victim.

Such restitution payment shall be executed by:

1. No longer than 30 (thirty) days since the perpetrator of the criminal acts and/or third parties received a copy of the court ruling or;

• No longer than 30 (thirty) calendar days after the decision of the Court is pronounced or notified if Restitution is filed after the decision of the main case has permanent legal force.

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