Recovery of Victims' Economic Losses from a Civil Law Perspective on the Implementation of Criminal Social Work

Abstract

Recovery of the victim's economic losses from a civil law perspective is a legal consequence of an unlawful act that causes losses as regulated in Article 1365 of the Civil Code. Every perpetrator who causes losses is obliged to provide compensation to the victim as a form of civil liability. However, in criminal justice practice, the application of social work as an alternative punishment in the Criminal Code is more oriented towards the development of the perpetrator, so that the aspect of recovering victims' losses has not received adequate attention. This study aims to analyze the recovery of victims' losses from a civil law perspective in criminal cases that apply social work and to formulate an ideal formulation for the application of social work that still guarantees effective and just recovery of victims' losses. This study uses a normative juridical method with a statutory and conceptual approach. Data were obtained through a literature study of primary, secondary, and tertiary legal materials that were analyzed qualitatively using descriptive-analytical techniques. The results of the study indicate that the victim's right to compensation remains inherent even though the perpetrator is sentenced to social work, so that criminal liability does not eliminate the perpetrator's civil responsibility. Therefore, the application of community service sentences needs to be integrated with the obligation to provide restitution or compensation, giving judges the authority to combine criminal and civil aspects in decisions, and implementing a restorative justice approach to achieve legal certainty, benefits, and justice for victims, perpetrators, and the community.