HAMBATAN DALAM PELAKSANAAN PEMBERIAN RESTITUSI SEBAGAI BENTUK PERLINDUNGAN HUKUM BAGI KORBAN TINDAK PIDANA PERDAGANGAN ORANG

Abstract

The implementation of fulfilling the provision of restitution to victims of criminal acts of human trafficking shows that there is no synchronization between expectations and reality due to the failure to provide effective restitution to victims of criminal acts of human trafficking. The problem formulation of this research is: (1) What are the arrangements for providing restitution to victims of criminal acts of human trafficking? (2) What are the obstacles in the implementation of providing restitution to victims of criminal acts of human trafficking? This research is a normative-empirical legal research using the Legislative Approach, Conceptual Approach, and sociological juridical approach using literature study techniques and interviews with investigators at the East Nusa Tenggara Regional Police, public prosecutors at the Kupang District Prosecutor's Office, and judges at the Court Kupang State.

The research results show: (1) The regulation of providing restitution to victims of criminal acts of human trafficking still has weaknesses in the legal substance sector, including the mechanism for providing restitution which is complicated and lengthy, forced efforts to provide restitution which have not been optimally implemented, and legal sanctions against perpetrators who do not pay. restitution which still greatly relieves the perpetrator. (2) Obstacles in the implementation of providing restitution are caused by victims who are unable to explain the amount of losses suffered and are unable to provide complete documents requiring a restitution application, investigators who have obstacles in the process of collecting documents required for a restitution application, public prosecutors who do not carry out confiscations. the perpetrator's assets because they think that confiscation is the police's job, and judges are still rejecting requests for restitution for various reasons.