KAJIAN PEMBERIAN RESTITUSI SEBAGAI BENTUK PERLINDUNGAN TERHADAP KORBAN ATAU AHLI WARIS KORBAN TINDAK PIDANA PERDAGANGAN ORANG

Suryana, Handrian Hadi (2024) KAJIAN PEMBERIAN RESTITUSI SEBAGAI BENTUK PERLINDUNGAN TERHADAP KORBAN ATAU AHLI WARIS KORBAN TINDAK PIDANA PERDAGANGAN ORANG. S1 thesis, UNIVERSITAS ATMA JAYA YOGYAKARTA.

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Abstract

Human trafficking in Indonesia is a form of slavery that violates human rights and degrades human dignity. This phenomenon is regulated under Law Number 21 of 2007. However, in practice, the application for restitution for victims still faces various obstacles, particularly from law enforcement agencies, especially the public prosecutor's office. Although restitution is recognized as a right for victims of human trafficking, the application process is not automatic and must be initiated by the victim or their heirs. The type of research used is empirical legal research with a qualitative method. The research was conducted at the Yogyakarta District Attorney's Office. This study aims to analyze the regulation of restitution for victims and to identify the obstacles faced by law enforcement in providing restitution to victims or heirs of human trafficking offenses as a form of protection. The results of this study indicate that the regulation of restitution is quite complicated and difficult to realize as a form of protection for victims. The existing regulations on restitution in the legislation do not provide much benefit and protection to victims as the aggrieved party, highlighting the need for coercive measures against perpetrators to pay restitution as compensation to the harmed parties, namely the victims, as a form of responsibility and protection. The regulation of restitution must align with the objective of protecting the victims and heirs of human trafficking offenses.

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