Abstract
General Background: Judicial error in criminal proceedings raises serious legal concerns when a death sentence has already been executed because the resulting loss of life cannot be restored. Specific Background: Indonesian law recognizes compensation for wrongful judicial processes, while the application of compensation and rehabilitation to wrongful executions requires specific legal arrangements. Knowledge Gap: Existing regulations do not yet provide sufficiently detailed standards for compensation calculation, independent examination procedures, specific provisions for wrongful execution, or a specialized institution to administer compensation. Aims: This study analyzes state accountability for compensation to death-sentenced persons affected by judicial error and examines the reconstruction of state responsibility in Indonesia and other legal systems. Results: Using normative juridical research with conceptual, statutory, and comparative approaches, the study finds that Law Number 20 of 2025 on the Criminal Procedure Code recognizes state responsibility for compensation following judicial review through a state endowment fund mechanism. However, procedural and institutional gaps remain. The comparison with the United Kingdom and Taiwan identifies more developed mechanisms concerning compensation, administration, assessment, and rehabilitation. Novelty: This study constructs a compensation and rehabilitation framework addressing wrongful execution and the resulting rights of heirs and families. Implications: The findings support clearer regulatory arrangements for compensation standards, payment procedures, institutional responsibilities, and rehabilitation following judicial error.
Key Findings Highlights
Indonesian Law Recognizes Compensation Through A State Endowment Fund Mechanism.
Compensation Standards And Independent Examination Procedures Remain Insufficiently Regulated.
United Kingdom And Taiwan Provide Comparative Models For Administrative And Compensation Arrangements.
Keywords : State Accountability, Wrongful Execution, Judicial Error, Criminal Compensation, Legal Reconstruction