RECONSTRUCTION OF LAW PROTECTION FOR WITNESS AND VICTIM'S RESTITUTION AND COMPENSATION BASED ON JUSTICE VALUE

The tendency of the weak regulation of legal substance regarding the protection of victims and Witness of crime in terms of compensation and restitution so that guarantees of justice for victims of crime in general can not be felt by the majority of people in Indonesia. This is further worsened by the existing legal institutions that does not provide maximum guarantees for victims to obtain compensation. Therefore, according to the author, this issue is very interesting to study further where the main issue discussed are the weaknesses of the fulfillment of the right to restitution and compensation for victims and witness of criminal acts based on Witness and Victim Protection Law (UUPSK) in Indonesia and how is the form of reconstruction of the UUPSK based on justice. The study was conducted in the perspective of the Constructivism paradigm with the type of socio-legal research and qualitative approach methods. Data used in this research are from interviews and questionnaires supported by literature, legislation and various public documents, while the data analysis was carried out by the method of qualitative critical analysis. The results showed that the fulfillment of victims' restitution was constrained because in general the perpetrators were classified as being unable. Likewise with compensation, with guarantees in the law although limited to certain victims of crime, the state's readiness for this has not been maximized as evidenced by the management of the APBN funds in the Ministry of Finance; no allocation of funds has been prepared for compensation payments. Likewise, the agency that submitted a budget request by making a Work Activity Funding Draft never submitted a request for compensation payment post for a crime victim. This fact shows that the government is not consistent with what is promised in the law to victims of criminal acts regarding the right to compensation. Furthermore, regulation of material criminal law, formal criminal law and the law on the implementation of criminal restitution (strengthening the force of restitution). Guarantees of the right to restitution and compensation must be given to all victims of criminal acts, with an easy and effective mechanism and requires the participation of law enforcement officials namely investigators, public prosecutors and judges to provide justice for victims of crime so a strengthening of the Witness and Victim Protection Agency is needed. as a non-departmental institution that has a strong position to work in the criminal justice system for the benefit of victims of criminal acts in fulfilling the right to restitution and compensation based on justice therefore the Strengthening as intended is the reconstruction of law number 31 of 2014 concerning witness and victim protection is needed.