JUSTICE FOR VICTIMS OF CRIME

JUSTICE FOR VICTIMS OF CRIME
BY: H. SANTHOS WACHJOE P, SH.MH

A. INTRODUCTION
In the dynamics of social life, opening the possibility and the certainty that there will be interactions among community members. Each person would need other people in order to meet their needs, even attachment between one person and another, not only in the real world but also has penetrated in the virtual world, for example in transactions by means of electronic retrieval (online) , Therefore, all the faithful living human needs at this time is not only filled with interactions in the real world but also can be met from interactions in cyberspace (online).
The existence of interactions every member of the community, of course, could cause actual friction between the interests of one human by another human being. Friction interest, sometimes can be resolved peacefully through musyararah consensus, but sometimes must be resolved through legal channels. Many people prefer to resolve disputes with others through peaceful way, namely by agreement, which of course results can satisfy any party to the dispute, but there also prefer resolving disputes through legal channels. In the event of friction interest in the realm of criminal law, then inevitably have to be resolved through legal channels, ranging from investigation, investigation, prosecution, trial and conviction verdict in the form of punishment for the offender.
B. ISSUES
Of the entire law enforcement process, particularly in the field of criminal law enforcement, it can be obtained by an issue that is, whether criminalization may provide satisfaction in terms of justice for the victims?

C. DISCUSSION
Of the problems mentioned above, it would be considered briefly in several aspects, namely in terms of the issue of sentencing, of the issues of justice and aspects of justice for the victims, the three have different characteristics but they will be interconnected in the law enforcement process in Indonesia ,
1. criminalization
When a crime occurs, it automatically negaara organ in charge to enforce the law in action. Starting from the police report on a crime occurred, then conducted investigation, investigation, prosecution, trial and imposition of the Decision.
An honor indeed for the people of Indonesia that currently has Law No. 8 of 1981 on the Law of Criminal Procedure Code (Criminal Code), which regulates the implementation of PRO Justitia (law enforcement), so that there is uniformity of treatment on the occurrence of a crime in Indonesia, in addition to protecting human rights (human rights) of any person even if that person is a criminal.
The philosophical foundation of the Criminal Procedure Code is as readable in letter a preamble, no other is Pancasila, particularly those closely associated with the precepts of the Godhead and Humanity. Yahya Harahap said, "On the basis of the precepts of the Godhead, the Criminal Procedure Code recognizes any law enforcement officer and the suspect / defendant is:
• Equally dependent man to God. Equal human beings who depend on the will of God. All human beings without exception is the birth of God's creation on the earth's surface solely on the will and the grace of God;
• Because all human beings is a creation of God and depend on God's will, it implies that:
 There is no fundamental difference between human beings;
 Equally have a duty as human beings to develop and maintain the nature, status and dignity as God's people;
 Every human being has human rights that must be protected without exception;
 The functions and duties of any carried by every human being, solely within the scope of fulfilling TRUSTEES God Almighty.
From the philosophical foundation, would have implied that the Indonesian Criminal Procedure Code requires the protection of human rights, both against the criminal as well as to victims of crime. Thus the same thing also applies to criminal punishment, the punishment must also consider the interests and protection of human rights was to the victims of these crimes.
2. JUSTICE
Speaking of justice, there will be many opinions of different scholars in interpreting the meaning of justice. In free translation, justice can be interpreted morally ideal conditions truth about something, either in relation to objects or people.
John Rawls, the philosopher United States is considered one of the leading political philosophers of the 20th century, states that "Justice is the excess (virtue) of the first social institutions, as well as the truth of the system of thought." While Aristotle argues that there are five types of conduct are classified as fair. Five types of justice put forward by Aristotle are as follows:
• Commutative Justice, which is a treatment to someone with no view services have been provided.
• Distributive Justice, which is a treatment of a person in accordance with the services rendered.
• Justice Principle of Necessity, ie giving something in accordance with what is given by others to our own.
• Conventional Justice, which is a condition whereby if a citizen has to obey all laws and regulations that have been issued.
• Improvement of Justice, that if someone has been trying to restore the good name of someone who has been contaminated.
Another opinion about justice is as stated by some scholars, namely, the sense of justice by Frans Magnis Suseno who said his opinion about the notion of justice is a human circumstances are treated equally in accordance with the rights and obligations of each. Definition of justice according Notonegoro who argue that justice is a condition said to be fair if it complies with applicable laws and regulations. Definition of justice according to Thomas Hubbes saying that the notion of justice is fair if the deed is said to have been based on an agreed arrangement. Plato's notion of justice which states that the definition of justice is beyond the ability of ordinary human beings where justice can only exist in the laws and regulations made by the experts that particular thought about it. Definition of justice according W.J.S Poerwadarminto saying that the notion of justice is not biased, should not be arbitrary. Definition of justice by definition Imam Al-Khasim is taking the rights of the person obliged to give it and give it to those who deserve it.
Gostia Arif said that Justice is a condition in which everyone can exercise the rights and obligations in a rational, responsible and rewarding.
3. JUSTICE FOR VICTIMS
Should always be understood that everyone will always carry the right to the name of Human Rights, which is a basic right of every human being right from birth, even in the womb and will continue until someone brought breathed her last. Further said that Human Rights are rights that already belongs to someone since he was in the womb, the human rights universally applicable while the basics of human rights contained in the Declaration of Independence United States (Declaration of Independence of the USA) and is listed in the 1945 Constitution of the Republic of Indonesia, such as in article 27, paragraph 1, article 28, article 29, paragraph 2, article 30, paragraph 1, and article 31, paragraph 1, and in relation to the human rights is a fundamental right that is inalienable which, because he is human.
The existence of the Human Rights that would make the issuance basis of Law No. 31 of 2014 on the Amendment of Act No. 13 of 2006 on Witness and Victim Protection aimed to protect the safety of themselves and the interests of witnesses and victims of crime. In Article 1 point 3 of the victims were persons who suffered physical, mental, and / or economic loss caused by a criminal act. The provisions of the article described the explanation that the need for changes to Law No. 13 of 2006 due to the necessity of the extension of the protection and expansion of services subject to the protection of victims. It is none other for the sake of a witness or victim of a crime that is often under pressure both physically and psychologically.
What is meant by the protection is referred to in Article 1 point 8 of the Act No. 31 of 2014, namely the Protection of all efforts the fulfillment of rights and provision of assistance to provide security to witnesses and / or victims which must be implemented by the Agency or other agencies in accordance with the provisions of this Law.
With the amendment of Law No. 13 of 2006 is expected implementation of the protection of victims should already be achieved by victims of crime in Indonesia. Due to the new law, the weakness in the Law N0 13 of 2006 on Protection of Witnesses and Victims can be improved.
In Article 5 of Law No. 31 of 2014 states on the rights of witnesses and victims, namely:
(1) Witnesses and Victims are entitled:
a. the protection of personal security, family, and property, as well as free of the threat with respect to the testimony that will be, is being, or has been given;
b. participate in the selection process and determine the forms of protection and security support;
c. provide information without pressure;
d. obtain an interpreter;
e. free of questions that ensnare;
f. get information about the progress of the case;
g. get information about the court decision;
h. obtain information on the convict released;
i. unidentified;
j. got a new identity;
k. got a temporary residence;
l. got a new residence;
m. obtain reimbursement for transportation costs in accordance with the requirements;
n. obtain legal advice;
o. obtain temporary living expenses until the time limit expires Protection; and / or
p. get assistance.
(2) The right referred to in paragraph (1) is given to witnesses and / or victims of criminal acts in certain cases in accordance with the Decision of the Agency;
(3) In addition to the witness and / or victim, the rights granted in certain cases referred to in paragraph (2), can be given to the witness Actors, Reporting, and experts, including also people who can provide information related to a criminal case despite he did not hear his own, he does not see himself, and not his own experience, as long as the information was related to criminal offenses.
Further arrangements regarding the rights of victims of crime is as stipulated in Article 7 A and B of Article 7 of Law No. 31 of 2014, which states as follows:
Article 7 A:
(1) Victims of criminal offenses entitled to obtain restitution in the form of:
a. compensation for loss of wealth or income;
b. damages incurred as a result of pain associated directly as a result of a crime; and / or
c. reimbursement of medical and / or psychological.
(2) The offenses referred to in paragraph (1) shall be determined by the Decree of the Agency;
(3) The application for restitution can be made before or after the court verdict which has permanent legal power through the Agency;
(4) If the application for refund was filed before the court ruling which has permanent legal power, the Agency may file restitution to the public prosecutor for possible inclusion in its demands;
(5) If the application for refund was filed after a court decision which has obtained permanent legal force, the Agency may file restitution to the court to get a determination;
(6) In the case of criminal offense victims died, given to the Families of Victims Restitution which is heirs of victims.
Section 7B
Further provisions on the procedure for requesting and granting compensation and restitution as referred to in Article 7 and Article 7A regulated by Government Regulation.
Although Indonesia has had Law No. 31 of 2014 which aims to protect witnesses and / or victims of crime, but also attract scrutiny the opinion of the Director General of Human Rights (HAM) Ministry of Law and Human Rights, Prof. Dr. Harkristuti Harkrisnowo stating the absence of a clear mechanism for the protection of witnesses and victims, especially in the case of organized crime as a result of the lack of division of duties and authority among institutions, especially during this case are the organizational protection of witnesses and victims in Indonesia is a crime low grade such as domestic violence (domestic violence). Implementation of Law No. 13 of 2006 elaborated further in its implementation in Government Regulation No. 44 of 2008, while the Law No. 31 Year 2014 on the Amendment Act No. 13 of 2006 until now has not had a government regulation as its implementing regulations.
Against crimes that are massive and organized the genocide and the crime of money laundering, is still rare the active role of the Witness and Victim Protection Agency (Agency), which became the frontline of any protection of witnesses and victims of crime. During this time it must be recognized that the new Agency will work after the petition of witnesses as well as victims of crime, so the need for more active regulation governing the Agency in the execution of his duty to the protection of witnesses and victims.
4. GRANT OF RIGHTS PROBLEMS FOR VICTIMS
It often happens that a witness will also become a victim of a crime, so when do the law enforcement process (pro justisia), the victim will be confronted with the information statement perpetrators of criminal acts either as a suspect or defendant. This sometimes makes the victim uncomfortable in giving testimony remember the victims will also be under pressure psychologically that victims feel unsafe when giving testimony, in addition there are the rights of victims are violated by perpetrators of criminal acts that the victim feels harmed both materially as well as immaterial.
In Act No. 31 of 2014 stipulates that witnesses and / or victims have the right to protection is also entitled to compensation in the form of compensation or restitution, but to restitution, under the provisions of Article 7 A of paragraph (3) that the filing of the petition Restitution can be done before or after the court verdict which has permanent legal power through the Agency, then there must be a request from the victim to the Agency to obtain restitution.
Request restitution should be through the Agency must raise a reluctance for victims to assert their rights, because it should be realized that not all the victims have a level sufficient education to understand their rights, also to have to go through the Agency, is also an obstacle to remember the position of the Agency pursuant to Article 111 paragraph (2) of the agency located in the capital of the Republic of Indonesia and by Article 11 (3) states the agency with offices in the area as appropriate, so that the agency had only to reach the provincial capital and major cities in Indonesia and has not fully reached all regions in Indonesia. Keep in mind for the future, that the Agency should have the Representative Offices in each district and the city, so that it can reach and serve each request for protection of witnesses and / or victims.
Another obstacle encountered is when witnesses and / or victims who ask for protection is a CHILD, based on Article Article 29A paragraph (1) mentions Protection Agency against children who are witnesses and / or victims may be given after obtaining permission from a parent or guardian, then when a child will get protection and the parents of the child does not give permission, given that when a child protection will often be physically separated from the master, that will cause keenggaanan of parents to provide protection. Therefore when orng parents of the child did not give his consent, the Agency can not provide protection for children who are witnesses and / or victims of crime.
In addition, although Law No. 31 of 2014 has provided a definition of protection for witnesses and / or victims of crime as defined in Article 1 point 8, but the Act does not provide an explanation in detail on how the shape and mode of administration protection of witnesses and / or victims that required a more detailed explanation so that witnesses and / or victims of crime feel more protected during testify on criminal cases that happened.
In addition, the punishment against the offender does not automatically give you satisfaction, in terms of fairness to witnesses and / or victims. This is due to the current sentencing is focused on the establishment of a legislation and less gives a sense of fairness to witnesses and / or victims.
D. CONCLUSION
From the description of the rights that can be obtained by witnesses and / or victims of crime, it can be concluded as follows:
1. Witness and / or victims of crime must be protected fundamental rights;
2. Witnesses and / or victims of crime who suffered losses baaik physical and non-physical entitled to a replacement in the form of compensation and restitution;
3. Punishment should be put forward to the sense of justice for the witness and / or victim;
4. The position of the Agency should also exist in every district or city so that it can be optimized to provide protection to witnesses and / or victims of crime;
5. Socialization of Law No. 31 of 2014 should be improved so as to provide for satiap awareness of citizens about their rights as a witness and / or victim of a crime.

E. SOURCES OF READING
1. Yahya Harahap, ISSUES DISCUSSION AND APPLICATION Code of Criminal Procedure (Investigation and Prosecution), Jakarta, Publisher Sinar Grafika, 2000, p. 20-21;
2. https://id.wikipedia.org/wiki/Keadilan, downloaded dated 29 September 2015;
3. https://id.wikipedia.org/wiki/Keadilan, downloaded dated 29 September 2015;
4. http://www.habibullahurl.com/2015/01/teori-keadilan-menurut-aristoteles.html, downloaded dated 29 September 2015;
5. http://www.artikelsiana.com/2015/01/pengertian-keadilan-macam-macam-keadilan.html, downloaded dated 29 September 2015;
6. http://id.wikipedia.org/wiki/Hak_asasi_manusia, downloaded dated March 25, 2015;
7. http://icjr.or.id/hak-para-korban-kejahatan-masih-menggantung/, downloaded dated October 6, 2015;
8. http://icjr.or.id/hak-para-korban-kejahatan-masih-menggantung/, downloaded dated October 6, 2015;
9. http://www.voaindonesia.com/content/indonesia-belum-miliki-mekanisme-perlindungan-saksi-dan-korban-111085259/86761.html, downloadable dated October 6, 2015.