Proceedings of the 4th Green Development International Conference (GDIC 2022)

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Legal Protection of Trafficking Victims (Court Review)

Authors
Andi Najemi1, *, Dheny Wahyudi1, Erwin1
1Faculty of Law, Universitas of Jambi, Jambi, Indonesia
*Corresponding author. Email: andi_najemi@unja.ac.id
Corresponding Author
Andi Najemi
Available Online 7 November 2023.
DOI
10.2991/978-2-38476-110-4_99How to use a DOI?
Keywords
victims of human trafficking; restitution; jurisprudence
Abstract

Legal protection for victims of trafficking, particularly the fulfillment of restitution rights, is regulated in Article 48 of Law Number 21 of 2007 concerning the Eradication of Trafficking in Persons. With regard to victims’ rights to restitution, this study aims to analyze the implementation of trafficking rights in the form of compensation (restitution) and analyze legal protection for victims of human crimes. Human trafficking through court websites. The type of research used is normative research. The use of this method is carried out through the review of legal materials, both primary legal materials, secondary legal materials, and tertiary legal materials. The approach used is a legal or statutory approach and a case approach or case approach by examining cases related to the problems in this study. Based on the data, it is known that victims of human trafficking from time to time continue to increase in various modes. Most of the victims were women and children, but some court decisions, especially the Jambi District Court, had very few rulings in the form of restitution decisions given to victims, so the verdicts given did not provide justice for victims. The implementation of restitution in fulfilling the rights of trafficking victims is difficult due to several juridical problems in the Trafficking in Persons Act as stipulated in the provisions of Articles 48 to 50, namely the absence of regulations or guidelines regarding procedures for calculating nominal losses, both material and immaterial that can be used as guidelines in the application of restitution sanctions.

Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the 4th Green Development International Conference (GDIC 2022)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
7 November 2023
ISBN
978-2-38476-110-4
ISSN
2352-5398
DOI
10.2991/978-2-38476-110-4_99How to use a DOI?
Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Andi Najemi
AU  - Dheny Wahyudi
AU  - Erwin
PY  - 2023
DA  - 2023/11/07
TI  - Legal Protection of Trafficking Victims (Court Review)
BT  - Proceedings of the 4th Green Development International Conference (GDIC 2022)
PB  - Atlantis Press
SP  - 1033
EP  - 1044
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-110-4_99
DO  - 10.2991/978-2-38476-110-4_99
ID  - Najemi2023
ER  -