Indonesian Journal of Law and Justice
Vol. 2 No. 3 (2025): March

The Inability of the Indonesian Government to Ensure Restitution Payments for Human Trafficking Victims

Supanto (Unknown)
Januar Rahadian Mahendra (Unknown)



Article Info

Publish Date
11 Mar 2025

Abstract

Victims of human trafficking experience an abstract position because, in criminal law, the disadvantaged party is the community. The Restitution that victims of human trafficking should receive is also not received by them. This article analyzes the factors causing the unpaid restitution rights for victims of human trafficking using normative and descriptive-analytical research methods to answer this problem. Four main factors cause unpaid restitution for victims of human trafficking, including the incompetence of law enforcement in handling cases involving restitution, the amount of restitution exceeding the perpetrator's financial ability, the lack of case development by the police so that only field actors are arrested while intellectual actors are not, and the difficulty of collecting evidence. The government's failure to guarantee the payment of restitution impacts the victims and the community because there are no legal consequences for perpetrators who do not pay restitution. The current legal framework exacerbates this because of the limited definition of human trafficking and the inclusion of restitution as an additional punishment. This has implications for perpetrators who prefer to serve imprisonment rather than pay Restitution, which can reach tens of millions of rupiah.

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Journal Info

Abbrev

lawjustice

Publisher

Subject

Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The Indonesian Journal of Law and Justice ISSN 3031 0016 is a peer-reviewed scholarly journal dedicated to presenting high quality research in the field of law and justice in Indonesia. The focus and scope of this journal are, Constitutional Law, Criminal Law and Criminology, Civil and Business Law, ...