Recidive : Jurnal Hukum Pidana dan Penanggulangan Kejahatan
Vol 12, No 1 (2023): APRIL

EFEKTIVITAS PENERAPAN RESTITUSI BAGI KORBAN TINDAK PIDANA PERDAGANGAN ORANG YANG BERKEADILAN PANCASILA

Zarra Devina Kriswiansyah (Sebelas Maret University)



Article Info

Publish Date
08 May 2023

Abstract

This study aims to examine how the effectiveness of restitution for Victims of Human Trafficking based on Pancasila values of justice. The type of research used by the writer for this study is normative-empirical legal research, and the nature of the research uses an applied perspective. Primary, secondary, and tertiary legal material is used for sources of this study. To collect the data and legal material the writer do studying literature and conducting interviews. The result of this study shows that the application of restitution that has been implemented in the Human Trafficking case viewed from the perspective of its effectiveness is still not effective in fulfilling the Pancasila value of justice because not all losses suffered by victims can be recovered. This is caused by several factors such as legal factors, law enforcement factors, and legal facilities. In an attempt to optimize the effectiveness of the implementation of restitution based on Pancasila values of justice, which in principle must consider the fairness between the Accused and the Victim, namely based on the principles of An Effective Remedy, the Principle of Victim Reparation, and the Principle of legal protection within the judicial and/or administrative system.

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Journal Info

Abbrev

recidive

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

This Journal aims primarily to facilitate undergraduate students paper over current developments on criminal law issues in Indonesia as well as to publish innovative legal construction of the money laudering law, corruption law,criminology, and financial crimes. It provides immediate open access to ...