Ahsadinata, Usman (2023) Kebijakan Formulasi Hukum Pidana Terhadap Korban Dalam Tindak Pidana Investasi Illegal. Masters thesis, Universitas Islam Riau.

Text 201021046.pdf - Submitted Version Restricted to Registered users only Download (1MB) | Request a copy

Abstract

Policy formulation in a law is part of the criminal law policy, by carrying out the politics of criminal law in accordance with the current and future circumstances and situations by reforming the criminal law against the legal vacuum for the protection of victims of crime, so that creates a sense of justice and legal certainty. The rise of Financial Services Institutions that offer illegal investments to consumers and/or the public resulting in significant losses. One example is First Travel, which offers tickets for Umrah trips to the Holy Land. In essence, returning compensation for illegal investment crimes without eliminating the possibility of criminal prosecution is an effort to protect victims without being oriented towards the perpetrators of crimes. However, when one examines the provisions of Article 62 of Law Number 8 of 1999, the system for formulating criminal sanctions (strafsoort) still seems to have an orientation towards the perpetrators of criminal acts (offender oriented) and not towards victims of crime so that it cannot be expected that there will be legal protection for victims to compensation for losses, legal protection is only abstract/pseudo and indirect. Based on the problems above, the formulation of the problem raised in this study is the formulation of criminal law policies against victims in illegal investment crimes. The research method used in this paper is normative juridical. Based on the results of research conducted and the form of legal protection given to victims of illegal investment crimes at First Travel. The results of this study show that the legal protection for victims provided by law has not been achieved, for the recovery of losses, the assets from the proceeds of the crime have only been confiscated by the State from the hands of the perpetrators. For this reason, it is necessary to have a special law made by the State to guarantee and regulate the recovery of losses from illegal investment crimes.

Actions (login required)

View Item