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All Journal Awang Long Law Review Jurnal Simbur Cahaya
Alfiyan Mardiansyah
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Law, Crime, Criminology & Criminal Justice

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Permasalahan Pelaksanaan Restitusi Bagi Pelaku Tindak Pidana Perdagangan Orang Neisa Angrum Adisti; Alfiyan Mardiansyah
Simbur Cahaya VOLUME 26 NOMOR 1, JUNI 2019
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (262.098 KB) | DOI: 10.28946/sc.v26i1.339

Abstract

One of the compensation for Human Trafficking victims in human trafficking law number 21 of 2007 is restitution. Restitution is an effort that made victims of crime can return to their original condition before the occurrence of a crime even though it is certain that the condition may not return to normal. Recovery of victims' rights must be as complete as possible and must cover all aspect losses suffered by victims as a basic principle in the provision of restitution Law Number 21 of 2007 on human trafficking gives restitution’s punishment for Trafficker, there are some problems faced in the implementation restitution, One of the problems is restitution can be replaced with other criminal punishment  “confinement”. subsidiary of restitution sanctions may minimize the opportunity for the victim to obtain compensation restitution from trafficker. Because, if the trafficker cannot pay restitution, can be replaced with a criminal sanction “confinement”. Therefore, the government needs to change the rule about restitution sanctions in the legislation for the trafficker. That’s Important to change the rule about "subsidiary" restitution by requiring the trafficker to pay restitution without replacing with other criminal sanctions in the criminal law system in Indonesia.
Permasalahan Pelaksanaan Restitusi Bagi Pelaku Tindak Pidana Perdagangan Orang Neisa Angrum Adisti; Alfiyan Mardiansyah
Simbur Cahaya VOLUME 26 NOMOR 1, JUNI 2019
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/sc.v26i1.339

Abstract

One of the compensation for Human Trafficking victims in human trafficking law number 21 of 2007 is restitution. Restitution is an effort that made victims of crime can return to their original condition before the occurrence of a crime even though it is certain that the condition may not return to normal. Recovery of victims' rights must be as complete as possible and must cover all aspect losses suffered by victims as a basic principle in the provision of restitution Law Number 21 of 2007 on human trafficking gives restitution’s punishment for Trafficker, there are some problems faced in the implementation restitution, One of the problems is restitution can be replaced with other criminal punishment  “confinement”. subsidiary of restitution sanctions may minimize the opportunity for the victim to obtain compensation restitution from trafficker. Because, if the trafficker cannot pay restitution, can be replaced with a criminal sanction “confinement”. Therefore, the government needs to change the rule about restitution sanctions in the legislation for the trafficker. That’s Important to change the rule about "subsidiary" restitution by requiring the trafficker to pay restitution without replacing with other criminal sanctions in the criminal law system in Indonesia.
THE ROLE OF THE NOTARY IN SETTLEMENT OF CRIMINAL CASES BASED ON RESTORATIVE JUSTICE Neisa Angrum Adisti; Alfiyan Mardiansyah; Isma Nurillah; Desia Rakhma Banjarani; Dedeng
Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i2.1216

Abstract

Restorative Justice is an effort to find a peaceful process for resolving cases outside of court. This research uses normative legal research methods. The urgency of resolving criminal cases based on restorative justice is essentially the resolution of criminal cases by involving the perpetrator, victim, family of the perpetrator/victim, and other related parties to jointly seek a fair solution by emphasizing restoration to the original condition, and not retaliation. The main point of resolving criminal cases based on restorative justice is the existence of a peace agreement between the victim and the perpetrator of the crime. Peace agreement and fulfillment of the rights of victims of criminal acts. To prepare a peace agreement signed by the parties, of course it must be formulated in writing and can be drafted and signed in the presence of an authorized official. If necessary, this is where the role of a Notary can be used in drafting a peace agreement through a peace deed made and signed before a Notary. To strengthen the validity of the peace agreement letter and the need for legal protection, guarantees in fulfilling the rights of the victim, to avoid acts of default on the peace agreement between the criminal perpetrator and the victim, it can be formulated through an authentic deed, namely a peace deed made and signed before a Notary.
Co-Authors Dedeng Desia Rakhma Banjarani Isma Nurillah Isma Nurillah Nashriana Nashriana Neisa Angrum Adisti Neisa Angrum Adisti