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This research aims not only to explore the mechanisms of restitution implementation, the assessment benchmarks for determining the amount and form of restitution, and the execution of restitution decisions but also to devise a comprehensive model ensuring fair and legally certain restitution for crime victims. Through qualitative empirical research and employing legal, conceptual, and comparative law approaches, it has been identified that the restitution mechanism has faced issues from its inception, both in terms of regulation and implementation, resulting in failures in restitution claims. Furthermore, the benchmarks for assessing restitution have accumulated future losses for victims without being actionoriented. Numerous failures in the execution of restitution decisions have also been uncovered. Therefore, it is recommended to develop a restitution model based on justice and legal certainty. Among these recommendations are: eliminating limitations on victim types for restitution claims, establishing a mechanism that refers to diversion requests to compel law enforcement agencies to pursue restitution, developing restitution in actionable forms, seizing the perpetrator's assets from the investigation stage, executing restitution without waiting for inkracht, adjusting subsidiary sanctions, implementing installment payments, revoking the convicted individual's rights, and integrating a restitution and compensation scheme through the development of a victim assistance fund. Additionally, the establishment of oversight for the implementation of restitution is proposed. [ABSTRACT FROM AUTHOR]

Mediation is a method to solve cases by involving third parties, commonly used in civil law. The usage of mediation in criminal law, aims to make the perpetrators aware that their criminal act is wrong and to percieved that the victims need to be reinstated. Therefore it is important to understand what the background of the usage of mediation in criminal crime cases and how the prospect of mediation in the future is. The purpose of this paper is to know how penal mediation is seen from the perspective of criminal law, while the benefit is to contribute thoughts in terms of criminal law. The method used to solve the problem is juridical normative method and empirical method. Based on the results of the study, it is known that penal mediation which is basically undisclosed in the field of criminal law—practically has been used, thus the prospect of mediation will be widely used in the future. In several laws, the provisions of mediation are also registered. Penal mediation from the perspective of criminal law can be used as one of the means of settlement of criminal cases.

Social work penalty is a new type of penalty listed in the draft of KUHP. The purpose of te imposition of social work penalty for the perpetrators is to cause embarrassment for committing such crimes so that to establish a deterrent effect. The imposition of this sanction will reduce the stigmatization of imprisonment, so it is necessary to understand what the background and how the prospect as an alternative to imprisonment is. The method used to solved the problem is the normative juridical method, as well as the aim to be achieved are to contribute ideas to the development of criminal law. Social work penalty is not applied to all criminal acts which are punishable by imprisonment. In addition, the judges are also required to consider several matters, one of which is the defendant’s acknowledgement of a crime committed so that the perpetrators realized their mistake(s). If the judge are not careful on applying this punishment, then it is feared that there will he disparities which will harm the perpetrators. It is hoped that with the enactment of the new KUHP, social work penalty can be carried out according to its objectives.