POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)
Vol. 5 No. 1 (2026): JANUARY

Legal Certainty of Restitution for Victims of Human Trafficking Crimes

Adnan, Maulana Hilal (Unknown)
Ginting, Yuni Priskila (Unknown)



Article Info

Publish Date
24 Feb 2026

Abstract

Case Number 7834 K/Pid.Sus/2024 concerns a human trafficking offence in which the cassation ruling imposed custodial punishment and mandated restitution calculated by the Witness and Victim Protection Agency (LPSK). This research is motivated by the need to protect victims' rights through restitution, despite ongoing implementation issues. Focusing on the degree of legal certainty in the implementation of restitution, this study analyzes the relevant decision through a normative juridical lens. The methodology incorporates statutory, conceptual, and case-based approaches, all of which are applied to secondary data consisting of primary legal sources, secondary literature, and tertiary references. The results showed that legal certainty regarding restitution for victims of human trafficking still faces various obstacles in Law No. 21 of 2007, which does not clearly regulate how to calculate, determine, and enforce compensation payments. The Supreme Court's decision in this case fills a legal void in Law No. 21 of 2007 by emphasizing that restitution must be calculated accurately based on the actual losses suffered by the victim, and recognizing the LPSK's calculation as a valid basis for determining the amount of restitution. It was concluded that the Supreme Court ruling strengthens legal certainty by legitimizing the LPSK's assessment, thereby providing a more concrete mechanism for enforcing restitution. The findings are expected to generate recommendations for law enforcement authorities and LPSK on the significance of enforcing restitution as an integral component of restoring victims’ rights and achieving justice in human trafficking cases.

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Journal Info

Abbrev

POLRI

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) is an international journal established by Transpublika Research Center. POLRI is an open access, double peer-reviewed e-journal which aims to offer an international scientific platform for national as well as cross-border legal research. The ...