PEMBERIAN RESTITUSI BAGI KORBAN TINDAK PIDANA PERDAGANGAN ORANG BERDASARKAN PERATURAN PEMERINTAH NOMOR 7 TAHUN 2018 TENTANG PEMBERIAN KOMPENSASI, RESTITUSI DAN BANTUAN KEPADA SAKSI DAN KORBAN

Abstract

One form of victim rights in legal protection for victims of trafficking in persons is the right to restitution. Restitution is deemed necessary, because with restitution, the existence of victims is given more attention. The presence of Government Regulation Number 7 of 2018 concerning Compensation, Restitution and Assistance for Witnesses and Victims is the same as before the regulation, namely not all decisions contain restitution. The purposes of writing this thesis are: First, it is known that the provision of restitution for victims of trafficking in persons after the issuance of Government Regulation Number 7 of 2018 concerning Compensation, Restitution and Assistance to Witnesses and Victims. Second, the ideal idea of providing restitution to victims of trafficking in persons in Indonesia.
This research is normative juridical. The data source is secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The data collection technique in this research is literature study and data analysis using qualitative analysis with deductive methods.
From the research, there are two main conclusions. First, the mechanism for granting restitution to victims of trafficking in persons after the issuance of Government Regulation Number 7 of 2018 concerning Compensation, Restitution and Legal Aid to Witnesses and Victims, the implementation of restitution rights for victims has been implemented but has not been fully implemented in criminal justice in Indonesia . This means that when the government regulation was present, it was the same as before the government regulation and it had not fully answered the problem in the implementation of restitution in Indonesia. The authorized institution in this case is the Witness and Victim Protection Agency. Second, the ideal idea of providing restitution to victims of trafficking in persons in Indonesia is of course with the hope of minimizing the occurrence of the crime of trafficking in persons and reducing the suffering of victims, rooted in the weakness of Government Regulations. The author's suggestion, first, that the provision of restitution should be getting better and starting to prioritize the losses suffered by the victims, it is hoped that it can be a source of input for the Indonesian government, especially related agencies in dealing with the problem of trafficking in persons. Second, the ideal idea is to handling of restitution and preventive measures as early as possible.
Keywords: Restitution - Human Trafficking – Government Regulation