Proceedings from the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia

Research Article

Restitution Penalty Enforcement in Human Trafficking Criminal Cases

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  • @INPROCEEDINGS{10.4108/eai.14-4-2021.2312452,
        author={David Panahatan Pardede},
        title={Restitution Penalty Enforcement in Human Trafficking Criminal Cases},
        proceedings={Proceedings from the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={ICLHR},
        year={2021},
        month={10},
        keywords={forced attempt restitution human trafficking crime},
        doi={10.4108/eai.14-4-2021.2312452}
    }
    
  • David Panahatan Pardede
    Year: 2021
    Restitution Penalty Enforcement in Human Trafficking Criminal Cases
    ICLHR
    EAI
    DOI: 10.4108/eai.14-4-2021.2312452
David Panahatan Pardede1,*
  • 1: Doctor of Law, Universitas Jayabaya, Jakarta, Indonesia
*Contact email: pardede_david@yahoo.com

Abstract

The implementation of restitution provided for victims of human trafficking still could not give the victims their rights. Most of them had no idea about restitution rights, even if they know about it, their requests for restitution were often rejected in the trial. In the Criminal Procedure Code, defendants’ rights are above the rights of witnesses and victims. Hence, in every "due process", defendants have to be able to defend himself. As the result, victims and witnesses will be less-prioritized. This research employed normative legal method to obtain secondary data in the forms of primary, secondary and tertiary legal materials. Primary data supported the secondary data. It is found forced asset confiscation from the defendants of human trafficking can proceed starting from the investigation process. After the asset confiscation is carried out, investigators are obliged to report to the Head of the District Court to obtain approval for the confiscation process. The legal basis for the confiscation is Article 1 point 16 of the Criminal Procedure Code, which states that confiscation is an act done by investigators to take over and or keep under control all movable or immovable, tangible or intangible objects as means of proof in investigation, prosecution and trial. When evidences have been collected, confiscation is the follow-up action to the investigation process.