Legal Analysis Of The Absence Of Restitution For Victims Of Domestic Violence (Kdrt) In Decision Number 146/Pid.Sus/2022/Pn Cbn Based On Supreme Court Regulation Number 1 Of 2022

Abstract

This study aims to analyze the judge's considerations in Decision Number 146/Pid.Sus/2022/PN Cbn and the appropriateness of the lack of restitution for victims of domestic violence based on Supreme Court Regulation Number 1 of 2022. The research method used is normative juridical with a statutory approach and a case approach. The results show that the judge was correct in proving the defendant's guilt and imposing a sentence, but did not consider the victim's recovery aspect. The absence of restitution is procedurally not contrary to PERMA Number 1 of 2022 because there was no request for restitution, but indicates that the fulfillment of the victim's right to obtain restitution is not optimal.