Issuance of Supreme Court Regulation Concerning Compensation for Victims of Crime (PERMA 1/2022)

Not all proceeds of crime can be requested for restitution or compensation. Restitution and compensation only apply to some crimes.

On March 1, 2022, Chief Justice of the Supreme Court Prof. Muhammad Syarifuddin officially announced Supreme Court Regulation Number 1 of 2022 (“PERMA 1/2022”) concerning Procedures for Completing Applications and Providing Restitution and Compensation to Victims of Crime. The issuance of PERMA 1/2022 is a manifestation of the uniformity of regulations related to restitution which has been scattered in several regulations. In addition, this PERMA is also the embodiment of the mandate of Government Regulation Number 43 of 2017 (PP 43/2017) which regulates the Implementation of Restitution for Children Who Become Victims of Crime and Government Regulation Number 7 of 2018 (PP 7/2018) which regulates the Provision of Compensation , Restitution, and Assistance to Witnesses and Victims.

In accordance with the PERMA title, this arrangement regulates in detail related to two things, namely restitution and compensation. Restitution is compensation given to the victim or his family by the perpetrator of a crime or a third party. Meanwhile, Compensation is a remedy provided by the state because the perpetrators of criminal acts are unable to provide full compensation for which they are responsible.

From the definitions above, it can be concluded that the difference lies in the party providing the compensation. The rights granted from the two forms of compensation are in the form of compensation for loss of property and/or income, compensation for losses caused by suffering directly related to criminal acts, including injury or death, reimbursement for treatment and/or medical expenses and losses. other material and immaterial suffered by the victim as a result of the crime.

Furthermore, victims can also apply for and check for restitution and compensation at the same time. The submission is made through combining and must be submitted through the Witness and Victim Protection Agency (LPSK) before or in the trial stage of the perpetrators of the crime as regulated in Article 28 of this PERMA. The process is continued with the stage of examination and delivery of the decision by the judge.

However, it is important to note that not all victims of criminal acts can receive compensation and restitution under this provision. Only victims of certain criminal acts according to PERMA 1/2022 can request compensation and restitution. 

Article 2 paragraph (1) a and b of PERMA 1/2022 is quoted as follows:

“This Supreme Court regulation applies to: requests for restitution for cases of violations of human rights such as terrorism, trafficking in persons, racial and ethnic discrimination, crimes related to children, as well as other criminal acts stipulated by the LPSK Decree as referred to in the provisions of the legislation; and Application for Compensation for cases of criminal acts of gross human rights violations and terrorism as referred to in the statutory provisions.”

Thus, the existence of this PERMA 1/2022 provides more certainty, clarity, and legal protection for victims of criminal acts in the future. If you need consultation regarding a criminal act report, you can first consult us via ask@bplawyers.co.id.