The First International Conference On Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Bandar Lampung, Indonesia

Research Article

The Policy of Criminal Determination and Restitution by The Victims of Human Trafficking Crime (Perspective of Human Rights)

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  • @INPROCEEDINGS{10.4108/eai.10-9-2019.2289410,
        author={Ani  Triwati and Nyoman Serikat Putrajaya and Nur  Rochaeti},
        title={The Policy of Criminal Determination and Restitution by The Victims of Human Trafficking Crime (Perspective of Human Rights)},
        proceedings={The First International Conference On Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Bandar Lampung, Indonesia},
        publisher={EAI},
        proceedings_a={ICIDS},
        year={2019},
        month={11},
        keywords={human trafficking victim rights restitution penal policy},
        doi={10.4108/eai.10-9-2019.2289410}
    }
    
  • Ani Triwati
    Nyoman Serikat Putrajaya
    Nur Rochaeti
    Year: 2019
    The Policy of Criminal Determination and Restitution by The Victims of Human Trafficking Crime (Perspective of Human Rights)
    ICIDS
    EAI
    DOI: 10.4108/eai.10-9-2019.2289410
Ani Triwati1,*, Nyoman Serikat Putrajaya1, Nur Rochaeti1
  • 1: Diponegoro University, Jl.Prof.H.Soedarto, S.H., Tembalang, Tembalang, Kota Semarang, Jawa Tengah 50275 Indonesia
*Contact email: anitriwati@gmail.com

Abstract

The law enforcement concerning the crime of human trafficking has not been implemented optimally regarding the less accommodation of court decision to the rights of the victim. The criminal imposition by judges does not adequately address the sense of justice for the victim, especially if there is no restitution of the perpetrators required in the victims' recovery process. The criminal case of human trafficking mostly causes the victim suffering from either material or immaterial losses. Victims need special attention and protection, mainly children who become victims of trafficking about their human rights. Legal protection of victims, including children, is one of the state's obligations in the recovery process and to realize the welfare of children. So far, the legislation gives more focus on accommodating the perpetrators' rights than the victims, and in the court examination, the victim usually only acts as a witness. Optimal fulfillment of the victims’ rights can be done by providing opportunities to victims in the criminal justice system that plays a role in the examination in court to convey considerations in determining the criminal, the number and form of restitution. Especially for children victims, it can be done with the role of the state in the recovery process, accommodating the role of the victims in the criminal justice system and renewing the restitution.