Unlawful arrest constitutes a form of error in law enforcement that results in
violations of human rights and causes both material and immaterial losses for
victims. Indonesia as a state based on law has an obligation to provide legal
protection and recovery for victims of unlawful arrest as regulated in Article 173
of the Criminal Procedure Code (KUHAP) and Government Regulation number
92 2015. However,in practic, the determination of compensation amounts often
relies solely on the minimum statutory limits set by statutory regulations and does
not fully reflect the actual losses suffered by victims. This condition creates
injustice, particularly for victims who experience loss of liberty, loss of economic opportunities, damage to social reputation, and psychological harm. Based on John Rawls’ theory of justice, especially the principles of equal liberty and the difference principle combined with fair equality of opportunity, victims of unlawful arrest. Fair compensation is essential not only to restore the victim’s condition as closely as possible to its original state, but also to realize substantive justice and state responsibility within the criminal justice system.