KEBIJAKAN PENGGANTIAN KERUGIAN ATAS SALAH TANGKAP PADA TINDAK PIDANA PEMERASAN: PUTUSAN NO. 1/PID.PRA/2022/PN NGA

Abstract

This study examines the state's compensation policy for victims of wrongful arrest in Indonesia through the case study of Toyibi in Jembrana, Bali. This case demonstrates the weak legal protection and the low compensation provided by the state, which is only IDR 15 million for a detention period of 7 months and 15 days. Based on ius constitutum, compensation policy in Indonesia is regulated in the Criminal Procedure Code, Government Regulation No. 92 of 2015, and PERMA No. 1 of 2022, but its implementation remains administrative and does not reflect substantive justice. Through a normative juridical approach and ius constituendum analysis, this study highlights the need for policy reform to make compensation more humane and proportional. Compared with countries such as the United Kingdom, where the state does not stop at providing a sum of money as compensation but rather creates space for social recovery, Indonesia still lags far behind. The study's results confirm that positive law does not yet have a definitive formula and classification of losses for victims of wrongful arrest or wrongful imprisonment. Therefore, legal reform is needed in the form of objective compensation standards, personal accountability of officers, and the establishment of an independent national compensation institution to achieve fairer and more humane justice.