The Issue of Restitution for Victims in Trafficking in Indonesia

Authors

  • Lukman Hakim , Endang Hadrian

Abstract

This paper discusses the problems in the procedure for granting restriction 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 the 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. However, in the process of granting restitution based on the provisions of this law, there are still many
obstacles. 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 research method and was carried out by using the
statutory approach through a review of laws and regulations as well as regulations relating to the issue discussed.
Legal materials were obtained from 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 as the primary materials. The secondary legal
materials were obtained from books, journals, and other literature. Meanwhile, the data collection technique used is
library research by examining legal materials relevant to the research discussion.

Published

2020-03-31

Issue

Section

Articles