by Dharma Na Gara

Criminal Law, denpasar, lawyers in bali, Pengacara di baliApril 13, 20220 comments 0 Likes

Victimology

Victimology

Victimology comes from the Latin victima which means victim and logos means knowledge. Terminologically, victimology means a study that studies victims, the causes of victims and the consequences of victims, which are human problems as a social reality. Victims in the scope of victimization have a broad meaning because they are not only limited to individuals who actually suffer losses, but also groups, corporations, private sector and government, while what is meant by the consequences of victimization are the attitudes or actions of the victim and/or the perpetrators and those who directly or indirectly involved in the occurrence of a crime.

Victimology is a scientific knowledge/study that studies victimization (criminal) as a human problem which is a social reality. This formulation results in the need for an understanding, namely:

1. As a human problem according to the actual proportion dimensionally;
2. As a result of interaction due to an interrelation between existing phenomena and mutual influence;
3. As the action of a person (individual) who is influenced by certain elements of the social structure of a particular society.

Victimology provides a better understanding of victims of crime as a result of human actions that cause mental, physical and social suffering. The aim is not to flatter the victims, but only to provide an explanation of the victims real role and their correlation with the victims. This explanation is important in order to undertake activities to prevent various victimization crimes, maintain social justice and improve the welfare of those who are directly or indirectly involved in a victimization. Especially in the field of information and guidance not to become victims of structural or non-structural crimes.

Scope of Victimology

Victimology examines topics about victims, such as the role of the victim in the occurrence of a crime, the relationship between the perpetrator and the victim, the vulnerability of the victim’s position and the role of the victim in the criminal justice system. According to J.E. Sahetapy, the scope of victimology includes how someone (can) become a victim who is determined by a victimity that is not always related to the problem of crime, including victims of accidents and natural disasters apart from victims of crime and abuse of power.

However, in its development in 1985, Separovic pioneered the idea that victimology specifically examines victims due to crime and abuse of power and does not examine victims due to natural disasters or disasters because victims of natural disasters are out of human’s will.

According to Arif Gosita, the object of study or scope of attention for victimology is as follows:

1. Various kinds of criminal victimization or criminality
2. Theories of the etiology of criminal victimization
3. Participants who are involved in the occurrence or existence of a criminal victimization or crime. Such as victims, perpetrators, observers, lawmakers, police, prosecutors, judges, lawyers and so on.
4. Reaction to criminal victimization.
5. Response to a criminal victimization: argumentation of activities to resolve a victimization or victimology, prevention efforts, repression, follow-up (compensation) and the making of related legal regulations.
6. Victimogen/criminogen factors.

According to Muladi, the aims of victimology are:

1. Analyze various aspects related to the victim;
2. Trying to provide an explanation of the causes of victimization; and
3. Develop a system of action to reduce human suffering.

Definition of Victim

Regarding the definition of the victim itself, as stated in Article 1 point 2 of Law Number 13 year 2006 concerning the Protection of Witnesses and Victims, states that a victim is someone who has suffered physical, mental, and/or economic loss caused by a criminal act.

According to Mandelsohn, based on the degree of guilt, victims are divided into five types, namely:

1. who is completely innocent;
2. who became victims due to negligence;
3. who is as wrong as the perpetrator;
4. who is more guilty than the perpetrator;
5. The victim is the only one at fault.

Viewed from the perspective of the level of involvement of victims in the occurrence of crimes, Ezzat Abde Fattah mentions several typologies of victims, namely:

1. non-participating victims are those who deny/reject crime and criminals but do not participate in crime prevention.
2. Latent or predisposed victims are those who have certain characteristics tend to become victims of certain violations.
3. Provocative victims are those who cause crime or trigger crime.
4. Participating victims are those who are not aware of or have other behaviors that make it easier for them to become victims.
5. False victims are those who become victims because of themselves.

Victim’s rights as a party who suffering and loss, and of course the victim has rights that can be obtained as a victim. These rights are contained in Article 5 of Law Number 31 year 2014 concerning the amendments of Law Number 13 year 2006 concerning the Protection of Witnesses and Victims, which states that victims have the right to:

Paragraph (1)

1. To obtain protection for the safety of his personal, family, and property, and be free from threats related to the testimony that he/she will, is currently, or has given.
2. Participate in the process of selecting and determining the form of security protection and support.
3. To provide information without pressure.
4. To get a translator.
5. Free from entangled questions.
6. To get information about the progress of the case.
7. To get information about court decisions
8. To obtain information in the event that the convict is released.
9. The identity is being kept in secret.
10. To get a new identity.
11. To get a temporary residence.
12. To get a new residence.
13. To obtain reimbursement of transportation costs as needed.
14. To get legal advice.
15. To obtain temporary living expenses assistance until the protection period ends, and/or
16. To get accompaniment.

Paragraph (2) The rights as referred to in paragraph (1) are granted to witnesses and/or victims of criminal acts in certain cases in accordance with the decision of the LPSK (Witnesses and Victims Protection Institution).

Paragraph (3) in addition to witnesses and/or victims, the rights granted in certain cases as referred to in paragraph (2) may be granted to witnesses of perpetrators, reporters, and experts, including people who can provide information related to a criminal case. although he/she has not heard it himself/herself, he/she has not seen it himself/herself, and he/she has not experienced it himself/herself, as long as the person’s information relates to the criminal act.

Source:

• Rena Yulia, 2010, Viktimologi Perlindungan Hukum Terhadap Korban Kejahatan, Graha Ilmu, Yogyakarta.
• Republic Indonesia Law Number 13 year 2006 concerning the Protection of Witnesses and Victims juncto Republic Indonesia Law Number 31 year 2014 concerning the amendments of Law Number 13 year 2006 concerning the Protection of Witnesses and Victims.