exercise of victims’ right to restitution in human trafficking crimes

This paper examines the role of law enforcement (prosecutors) in protecting victims of human trafficking crimes in indonesia, especially in terms of applying for restitution rights following the promulgation of law number 21 of 2007 on the eradication of the criminal act of trafficking in persons. in addition, this paper also provides shed light on various issues arising from the prosecutor’s authority to represent victims in compensation claims for trafficking offenses. the restitution procedure for victims of trafficking crimes under law number 21 of 2007 differs from the procedure for submitting restitution for victims of trafficking offenses, as stipulated in the criminal procedure code (kuhap). the application for restitution according to law number 27 of 2007 can be filed by the prosecutor concurrently with the filing of criminal charges. on the other hand, the application for restitution under the criminal procedure code must be submitted by the victim/family through a consolidation of cases. even though law number 21 of 2007 authorizes prosecutors to submit restitution claims on behalf of victims, this authority has not been fully implemented due to a lack of implementing regulations. there are technical obstacles, such as the victims’ return to their homes before the filing of restitution claims.

exercise of victims’ right to restitution in human trafficking crimes

this paper examines the role of law enforcement (prosecutors) in protecting victims of human trafficking crimes in indonesia, especially in terms of applying for restitution rights following the promulgation of law number 21 of 2007 on the eradication of the criminal act of trafficking in persons. in addition, this paper also provides shed light on various issues arising from the prosecutor’s authority to represent victims in compensation claims for trafficking offenses. the restitution procedure for victims of trafficking crimes under law number 21 of 2007 differs from the procedure for submitting restitution for victims of trafficking offenses, as stipulated in the criminal procedure code (kuhap). the application for restitution according to law number 27 of 2007 can be filed by the prosecutor concurrently with the filing of criminal charges. on the other hand, the application for restitution under the criminal procedure code must be submitted by the victim/family through a consolidation of cases. even though law number 21 of 2007 authorizes prosecutors to submit restitution claims on behalf of victims, this authority has not been fully implemented due to a lack of implementing regulations. there are technical obstacles, such as the victims’ return to their homes before the filing of restitution claims.