Legal Protection Application of Victims Through a Combined Lawsuit for Compensation in Case of Criminal Acts of Fraud and Money Laundering (Case Study: PT First Travel Cassation Decision Number 3096 K/Pid.Sus/2018)

Abstract

Victims in the criminal justice system are forgotten and disadvantaged subjects. In addition to the victim having suffered losses as a result of the crime that occurred to him, both materially, physically and psychologically, the victim must also suffer because unknowingly they are often treated only as a means for the realization of legal certainty. As happened in the case of fraud and money laundering by PT First Travel. In the cassation decision in the PT First Travel case, the judge upheld the decision at the first level and at the appellate level. This decision resulted in victims of prospective first travel pilgrims not receiving compensation because the first travel assets were confiscated and returned to the state, even though the state was not harmed at all in this case. Therefore the author is interested in conducting research on cases of fraud and money laundering by PT First Travel about how victims of first travel can get their rights back through a combination of claims for compensation because the Criminal Procedure Code has provided a way for victims to be able to get their rights in Article 98 -101 KUHAP. The author is interested in discussing 1) How important is the combined lawsuit for compensation in cases of fraud and money laundering at PT First Travel in the context of victim protection? 2) How is the cassation decision Number 3096 K/Pid.Sus/2018 reviewed based on the theory of justice and the theory of expediency?. This legal research is normative research using library materials or secondary data. Based on the results of the research that the authors have done, the results show that: 1) The importance of combined lawsuit for compensation in cases of fraud and money laundering at PT Frst Travel is as a way to provide protection for victims so they can get their rights back. Even though compensation is in the realm of civil law, the Criminal Procedure Code has provided a way through a positive relationship in Article 98 of the Criminal Procedure Code which allows cases for claims for compensation to be combined with criminal cases at the same time. The reason for not carrying out the merger in the first travel case was due to the absence of a request from the victim, this could have happened due to the victim's ignorance of the existence of Article 98 of the Criminal Procedure Code. the theory of justice and expediency, this can be seen from the side of the victim who has been harmed but does not get his rights in the form of compensation. Of course the cassation decision did not provide justice and benefits for the victim.