CRITICAL ANALYSIS OF RESTITUTION BURDEN TO THE STATE (STUDY OF HERRY WIRAWAN)

The crime of sexual violence against children is a severe problem that effect urgency to pay attention to protection and prevention. The government approved Law Number 11 of 2022 concerning Sexual Violence Crimes, even though immoral acts are hard to disclose to the surface as appropriate iceberg phenomena. This research was motivated by defendant Herry Wirawan who committed the crime of sexual violence against 12 child victims. This research focuses on the judge's considerations in imposing restitution and defendant criminal liability. This research method is normative legal research with a statue and contextual approach with primary legal sources in the Bandung District Court Decision Number 989/Pid.Sus/2021/PN.Bdg and Bandung High Court Decision Number 86/Pid.Sus/2022/ PT. Bdg. At the District Court, the panel of judges imposes restitution for the state that has experienced a juridical error regarding the difference between restitution and compensation. The district court decision was amended in the appeal-level decision which stated that the defendant would be charged with restitution. From the primary sources, it was found that there are provisions that can be met if the defendant is unable to pay restitution through asset confiscation according to Law Number 11 of 2022 concerning Sexual Violence