Immaterial Compensation Not Criminal Losing Lives as an Implementation of Victim Protection

Tommy  Tommy; Febrian  Febrian; Nashriana  Nashriana; Ruben  Achmad

doi:10.25041/fiatjustisia.v16no3.2656

DOI:

https://doi.org/10.25041/fiatjustisia.v16no3.2656

Abstract

Immaterial compensation, which encompasses elements such as emotional pain, loss, and psychological suffering, cannot be quantified in monetary terms. However, monetary compensation can still serve as a substitute for these non-material losses. The purpose of immaterial compensation is to provide protection and support to the surviving dependents of the victim, including children, spouses, parents, and other family members. Under the Indonesian Criminal Code (KUHP), crimes involving the taking of life are regulated in Articles 338 to 340, with Article 340 prescribing the most severe penalty—the death sentence—followed by life imprisonment or temporary imprisonment for a maximum of 20 years. In some cases, the provision of compensation by the defendant to the victim's family may result in a reduced sentence or serve as an alternative to the primary punishment. This study employs a qualitative research method, drawing on a range of scientific literature for analysis.

Keywords:

Compensation, Criminal Code, Loss of Life

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