MPSK proposal to the Ruhag person convicted of not paying restitution cannot be the right of promoted citizens
Jakarta – Chairman of MPSK Brigadier -General Achmadi suggested that the mechanism to grant restitution to victims can be clearly regulated in the revision of the Criminal Procedure Act. Achmadi proposed a conviction that could not pay the fee of restitution, and therefore he did not have the law as a promoted citizen. The proposal was made by Achmadi at a public trial meeting (RDPU) with the House of Representatives Commission III at the Senayan Parliament Complex, Central Jakarta, Tuesday (6/17/2025). Achmadi said in section 175 that paragraph 7 of the Criminal Procedure Bill should be changed. “Proposed Article 175 The mechanism for the granting of restitution, paragraph 7 is amended as follows, letter (a) If the confiscated convicted assets as referred to in paragraph 5 do not meet the fee of restitution, the convicted subject to a substitute is no more than the chief criminal, and/or letter (B) is not right to their rights,” Achmadi said. Browse to continue with the content of Achmadi, said that if the convicted person could not execute a restitution decision, it could be drafted in the review of the Criminal Procedure Act. Because, he said, sections 81 to 83 of the Criminal Act provided guidelines for law enforcement to make the decision of the restitution. “For this reason, in maintaining the decision of the restitution, it must also contain a substance that the perpetrators can encourage to pay for restitution, one of which is through a substitute crime and loss of convicted rights when becoming a promoted citizen,” he explained. Then Achmadi also introduces section 172 paragraph 2 related to the compensation component, one letter can be added, namely the letter d. Where, he said, other compensation suffered from the victim as a result of a crime. “Not all components of compensation can be seen from the point of view of suffering directly related to the criminal offenses experienced by the victims. But there are other components that are also often a need for replacement to be paid by the perpetrators, but not directly related to the experienced,” he explained. “But rather the implications of the legal process undertaken by victims, for example, the replacement of basic transport costs, advocate costs or other costs associated with the legal process,” he continued. Furthermore, Akhamdi also proposed an addition to Article 173. According to him, the review of the Criminal Procedure Act must regulate the presentation of restitution by the victim. “Section 173 The notice to the victim regarding restitution is added one verse, paragraph 2 of the restitution referred to in paragraph (1) can be submitted by the family of the victim and or heirs of the court,” he said. “The clarity of the legal procedural legislation will be able to give the victims clarity, to obtain their restitution rights, as well as a guide for law enforcement to provide information to the victims regarding the recovery mechanism, which begins with the request, so that the criminal procedure code must also include topics that may submit requests. (AMW/RFS) HOEGENG Awards 2025 Read the inspiring story of the exemplary police candidate here