The Urgency to Adopt Victim Impact Statement in the Indonesian Criminal Justice System
Abstract
This study is aimed to examine the need for adopting a Victim Impact Statement in the Indonesian criminal justice system. Due to the absence of Indonesian law that acknowledges the victims’ right to express opinions that directly affect them prior to a panel of judges imposing a punishment, this adoption is necessary. This paper employed doctrinal legal research that mainly focused on the Code of Criminal Procedure provisions supported by secondary legal sources. The results showed that VIS was the statements made by someone who has lost something because of a crime or another painful occurrence. The content of the information indicated the psychic, emotional, psychological, or financial consequences of a crime suffered/experienced by the victim or their family. Several advantages were found in the VIS, including giving victims a formal role in the criminal justice system and raising victim satisfaction with the criminal justice system. As they allow victims to share their stories before the court’s ruling, some of these advantages are essential for Indonesia’s integration of VIS into its criminal justice system. Hence, the legislatures are suggested to adopt VIS in the Criminal Procedure Code and other sectoral legislation.
Keywords: Victim Impact Statement, Criminal Justice System, Proportionality, Prevention
References
[1] Silva Sanchez JM. Doctrines Regarding ‘The Fight Against Impunity’ and ‘The Victim’s Right for the Perpetrator to be Punished,’. Pace Law Rev. 2008;28(4):865–84.
[2] Joffee S. Validating Victims: Enforcing Victims’ Rights through Mandatory Mandamus. Utah Law Rev. 2009;:242.
[3] Giannini MM. THE PROCREATIVE POWER OF DIGNITY : DIGNITY ’ S EVOLUTION IN THE VICTIMS ’ RIGHTS MOVEMENT T ABLE OF C ONTENTS I. D IGNITY AS AN U NSPOKEN I NTERPRETIVE V ALUE....... 46 B. Dignity as a Background Interpretive Norm....... 49 C. Dignity Evolving Beyo. 2016;(February):43–99.
[4] 4. Tracy B, Pearl H. Time Shifting Victim Impact Statements in American Judicial Process By Tracy Hresko Pearl. 2013
[5] Bandes S. Empathy, Narrative, and Victim Impact Statement. Univ Chic Law Rev. 1996;63(2):406.
[6] Hill T. Victim Impact Statement: A Modified Perspective. Law Psychol Rev. 2005;29:212.
[7] Shanker N. Getting a grip on Payne and restricting the influence of victim impact statements in capital sentencing: the Timothy McVeigh case and various state approaches compared. Hast. Const. LQ. 1998;26(3):711.
[8] Mulholland CL. Sentencing criminals: the constitutionality of victim impact statements. Miss Law Rev. 1995;60(3):731.
[9] Kemph MH. Reconsidering the Use of Victim Impact Evidence. Georget J Leg Ethics. 2018;31:679.
[10] Christine A. Trueblood, “Victim Impact Statements: A Balanced between Victim and Defendant Rights. Phoenix Law Rev; 2010. pp. 626–8.
[11] W. W. B. III. Promulgating Proportionality. Georgia Law Rev. 2011;69:87–8.
[12] Goh J. Proportionality-An Unattainable Ideal in the Criminal Justice System. Manchester Student Law Rev. 2013;2(42):1–33.
[13] Luna E. Punishment Theory, Holism, and the Procedural Conception of Restorative Justice. Utah Law Rev. 2003;1:216.
[14] Kahan DM. Social Influence, Social Meaning, dan Deterrence. Volume 83. Va.: Law Rev; 1997.
[15] Cotton M. Back with a Vengeance: The Resilience of Retribution as an Articulated Purpose of Criminal Punishment. Am Crim Law Rev. 2000.
[16] 16. Bradley L, Farber H. Virtually Incredible: Rethinking Deference to Demeanor When Assessing Credibility in Asylum Cases Conducted by Video Teleconference ARTICLES VIRTUALLY INCREDIBLE : RETHINKING DEFERENCE TO DEMEANOR WHEN ASSESSING CREDIBILITY IN ASYLUM CASES CONDUCTED BY V,” no. 22.
[17] Meyers E. Right Or Burden: Victim Impact Statements at Court-Martial. Boston Univ. Public Interest Law J. 2021;30:117–149. Available: https://heinonline.org/HOL/ Page?handle=hein.journals/bupi30&id=123&div=7&collection=journals
[18] Maulani AM, Windari R. Victim Impact Statement dalam Sistem Peradilan Pidana: Sebuah Urgensi Hukum. Rechtidee. 2022;17(1):49.