PEMULIHAN KERUGIAN KORBAN OLEH PELAKU TINDAK PIDANA PENIPUAN INVESTASI FIKTIF MELALUI MEDIA ONLINE BERDASARKAN HUKUM INDONESIA

Abstract

Fictitious investment practices are a violation of the law. Law enforcement officials are
trying their best to catch the perpetrators of fictitious investment crimes in accordance
with existing criminal threats. However, from the perspective of victims, there are still
victims who do not receive compensation for their losses because the current criminal
justice system is more concerned with the aspect of punishing the perpetrators and not
the interests of the victims. It can be seen from how the role of the victim in a trial is as
a witness for the perpetrator. This type of research is normative legal research with the
type of legal principles. The results of this study are that positive law in Indonesia is
still unable to recover the losses of fictitious investment victims through online media.
There are several Indonesian positive laws that regulate the recovery of victims' losses,
namely 1) Criminal Procedure Code, 2) Criminal Code, 3) Law Number 31 of 2014
Amendments to Law Number 13 of 2006 concerning Protection of Witnesses and
Victims, 4) Government Regulation Number 7 of 2018 concerning Provision of
Compensation, Restitution and Assistance to Witness Victims, 5) Law of the Republic
of Indonesia Number 8 of 2010 concerning Prevention and Eradication of Penal Crimes
Money laundering. Obstacles to recovering the rights of fictitious investment victims
through online media based on Indonesian law, namely 1) The position of victims in the
Criminal Code has not explicitly formulated provisions that concretely or directly
provide legal protection for victims. 2) The justice system in Indonesia is more
concerned with the aspect of punishing the perpetrators and not the interests of the
victims. 3) Based on the judge's considerations, the judge uses Articles 39 of the
Criminal Code and 46 of the Criminal Procedure Code as the basis for confiscating the
perpetrator's assets, but these two articles can also become a stumbling block for
victims of illegal investments in getting their losses back because these articles become
the basis for the judge to seize the results of the confiscation of the perpetrator's assets
for the state. Ideally, the restoration of the rights of victims of fictitious investments
through online media based on Indonesian law, namely 1) There is legal protection for
investors, 2) A concise restitution mechanism that can make it easier for victims to
submit requests for restitution so that victims and losses are recovered, 3) The judge's
decision is in favor of fulfilling the rights of the victim.