BEKERJANYA PERADILAN PIDANA DALAM MEWUJUDKAN PERLINDUNGAN KORBAN

Abstract

Critical crimonology having contributed to victimology perspective is giving orientation to victim's protection paradigm for prosperity and foundation humanity of the society in order not to be victimized in broad sense. As in crime politics, the crime policies were aiming to reach a society protection and social welfare policies especially through criminal law , as a part of social policies. The social reality of crminal justice , which realized victim protection, was the realization of social construction, build from dynamics interaction between society and for victim included law officer and the formulation of criminal law. Not all of the society action, which caused damage and loss, was believed as a caused of the victim (second victimization) either by the preparation and undertaking of law. The opennes system posit that social construction of victim protection was started from the selected law violations through the definition and responses to the rise of victim which undergo perception and reaction of the society , law officer and the formulation of law systems in order to respond the victim protection. Results of research concluded that the criminal law works not entiely realized victim protection direct or indirectly, even criminal justice could establish structural victimization for the victim himself. Criminal justice working as a mirror of fair which was nort entirely point out the victim protection realty in community. Few phenomenon were found on the research : a. Perception and reaction of victim / community The community gives more reaction and perception to the ordinary or street crime than to white collar crime as a serious crime. This was due to the lack of supervision and completeness of work by the police officer. In certain crime, specially the violence domestic for potential victim either women and children or in decency case, there still reluctantly from society culture take the case before the court and most people not believe that a crime was committed. Society reaction to the criminal justice explained that criminal justice could bring up victimization. b. Perception and reaction of law officer Power paradigm still covered the pattern of work for. So that police, prof:, ow and judge works one-sided, tocused on ordinary crime, and lack for the corporation crime or white collar crime. In executing the works, emerged phenomenon which caused risk secondary victimizatin. Dogma paradigm as a back ground for the attitude of law officer made the victim rights sstill subordinated from the executor side. c. The weakness of formulation of criminal law. The formulation of laws which not reflected victim protection influenced law enforcement of victim protection, as in KUHP, KUHAP, or in UU No. 3, 1971about cleaning of corruption The above perspective emerged ideas of the importance of accountability for criminal justice, and their implications for the controllability and responsivenes of the institution and criminal justice regulation to bring up victim protection.