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The Issue of Restitution for Victims in Trafficking in Indonesia

Lihat Dokumen

This paper discusses the problems in the procedure for granting restitution for victims of criminal acts of trafficking, which is caused by problems from the aspect of law enforcement and aspects of the laws and regulations that govern it. Even though there is the provision of restitution for trafficking victims as contained in Law Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons and the implementing regulations in Government Regulation Number 44 of 2008 concerning Providing Compensation, Restitution, and Assistance to Witnesses and Victims, there are still many obstacles in the implementation of restitution based on these legal provisions. Meanwhile, the provision of compensation in general is also regulated in the Criminal Procedure Code.

The purpose of this paper is to create legal certainty and justice in terms of providing restitution for victims of trafficking cases. Therefore, this study employed a normative legal research method using a statutory approach through a review of laws and regulations related to the issue discussed.

The primary legal materials consisted of the Criminal Procedure Code, Law Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons, and Government Regulation Number 44 of 2008 concerning Compensation, Restitution, and Assistance to Witnesses and Victims. Secondary legal materials were obtained from books, journals, and other scholarly literature. The data collection technique employed was library research, by examining legal materials relevant to the research discussion.

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