ANALISIS KEDUDUKAN KORBAN DALAM PERKARA PEMBUNUHAN BERENCANA: STUDI KASUS PUTUSAN MAHKAMAH AGUNG NOMOR 428 K/PID/2025

Abstract

The protection of victims in criminal cases, particularly in premeditated murder cases, is a crucial issue in the Indonesian criminal justice system. Although regulations provide a strong legal foundation for victim protection, such as Law No. 31 of 2014 on the Protection of Witnesses and Victims and Law No. 1 of 2023 on the Criminal Code (KUHP), its implementation in judicial practice still faces numerous challenges. This study aims to analyze the position of victims in premeditated murder cases and the implementation of victim protection in the Supreme Court Decision No. 428 K/Pid/2025. Using a normative legal approach, this research explores the role of victims in the legal process and evaluates whether their rights have been adequately protected in the decision. The analysis reveals that, despite the existence of victim protection mechanisms in Indonesian law, judicial practices remain predominantly focused on the perpetrators of crimes, while victims are often overlooked. The Restorative Justice approach offers an alternative solution by providing space for victims to participate in the legal process, aiming for a more holistic form of justice and recovery. The study concludes that reforms to the criminal justice system are needed to ensure more effective protection for victims and a broader application of restorative justice in premeditated murder cases