Fulfillment of Restitution Rights in Realizing Legal Protection Against Human Trafficking Victims (Review of Court Decisions)

DOI

10.2991/978-2-38476-110-4_49How to use a DOI?

Keywords

Human Trafficking Victim; Restitution; Jurisprudence

Abstract

Legal protection for victims of human trafficking crime, in particular the fulfillment of the right to restitution is regulated in Article 48 of Law Number 21 of 2007 concerning the Eradication of human trafficking crime. With regard to the rights of the victims to obtain restitution, this study has the following objectives: (1) to analyze the implementation of the fulfillment of the rights of human trafficking crime in the form of compensation (restitution) and (2) to analyze legal protection for human trafficking victims through court decisions. The type of research used is normative research. The use of this method is carried out through the study of legal materials, both primary legal materials, secondary legal materials, tertiary legal materials. The approach used is a statutory or statutory approach and a case approach or case approach by examining cases related to the problems in this research. Based on the data, it was found that the victims of human trafficking have increased from time to time with various modes. The victims are mostly women and children, but several court decisions, especially the Jambi District Court, have very few decisions in the form of compensation decisions (restitution) given to victims, so the decisions that are handed down do not give justice to the victims. The implementation of the provision of restitution in fulfilling the rights of victims of human trafficking is difficult to implement because of several juridical issues in human trafficking victim crime Law as regulated in the provisions of Articles 48 to 50 namely (1) there is still not yet concrete regulation or guidance regarding the procedure for calculating the nominal loss, both material and immaterial that can be used as a guide in applying 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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TY  - CONF
AU  - Dheny Wahyudi
AU  - Andi Najemi
AU  - Erwin
PY  - 2023
DA  - 2023/11/07
TI  - Fulfillment of Restitution Rights in Realizing Legal Protection Against Human Trafficking Victims (Review of Court Decisions)
BT  - Proceedings of the 4th Green Development International Conference (GDIC 2022)
PB  - Atlantis Press
SP  - 464
EP  - 474
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-110-4_49
DO  - 10.2991/978-2-38476-110-4_49
ID  - Wahyudi2023
ER  -