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The nature of giving compensation and restitutions for just rape victims

Author

Listed:
  • R. Arif Muljohadi

    (Faculty of Law, Universitas 17 Agustus 1945 Surabaya)

  • Made Warka

    (Faculty of Law, Universitas 17 Agustus 1945 Surabaya)

  • Otto Yudiant

    (Faculty of Law, Universitas 17 Agustus 1945 Surabaya)

Abstract

The essence of providing compensation and restitution for rape victims is to achieve justice by providing legal protection for rape victims and respecting the human rights of rape victims as the party most harmed. The concept of providing fair compensation and restitution for rape victims uses the concept of subrogation in civil law as an effective solution in solving the problem of recovering rape victims. In the subrogation concept approach, the state is a third party who takes over the responsibility for paying compensation to rape victims because the perpetrators are classified as financially incapable. In this subrogation concept, the government requires bailout funds to realize a compensation program for the recovery of rape victims, but in fact the real ones who provide compensation are the perpetrators of the crime of rape with the application of the next concept that while serving a sentence in a correctional facility, inmates are empowered as befits workers who work in prisons in a correctional facility and produce an item (product). The results of the prisoners' work wages are partly set aside to be paid to the state treasury as a consequence of the state as a sub-roger who replaces the position of rape victims who have the right to claim the perpetrators of the crime of rape.

Suggested Citation

  • R. Arif Muljohadi & Made Warka & Otto Yudiant, 2021. "The nature of giving compensation and restitutions for just rape victims," Technium Social Sciences Journal, Technium Science, vol. 26(1), pages 444-449, Decembrie.
    • Handle: RePEc:tec:journl:v:26:y:2021:i:1:p:444-449
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    References listed on IDEAS

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    1. Refina Mirza Devianti & Tomy Michael, 2021. "Accountability of mosque administrators against violation of Covid-19 health protocols in the mosque environment," International Journal of Research in Business and Social Science (2147-4478), Center for the Strategic Studies in Business and Finance, vol. 10(2), pages 284-289, March.
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    More about this item

    Keywords

    compensation; victim; right;
    All these keywords.

    JEL classification:

    • R00 - Urban, Rural, Regional, Real Estate, and Transportation Economics - - General - - - General
    • Z0 - Other Special Topics - - General

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