Pemberian Restitusi Bagi Korban Tindak Pidana Perdagangan Orang dalam Persfektif Pemenuhan Prinsip Keadilan

Abstract

The law should provide a sense of justice for the rights of victims due to violations of written norms. The provisions of Law No. 21 Year 2007, designed the side of compensation for victims of human trafficking in the form of the application of restitution as a guarantee of losses due to suffering received from the actions of the perpetrator, The foundation of this legal policy is part of the criminal justice system as a basic idea of victim protection, with reference to the formulation of the research problem, namely : what is the current legal policy of restitution for victims of human trafficking, whether the current implementation of restitution has fulfilled the principles of justice for victims of human trafficking, what is the ideal criminal law policy related to the provision of restitution for victims of human trafficking. The purpose of the research is to conduct a study and analysis of criminal law policy arrangements in the provision of restitution, as well as to reflect and evaluate the application of the existing restitution provision, so as to provide input for the improvement of ideal criminal law policies related to the provision of restitution for victims of criminal acts. The conclusion is that the existing criminal law policy has not described a good legal policy that is effective in facilitating victims’ restitution rights, so that its application in providing restitution has not reflected a just decision for victims. For this reason it is necessary to immediately evaluate Law No. 21 of 2007, by placing the basic for achieving guarantees of benefits for the implementation of the granting of victims’ restitution rights