The strategy for fulfilling restitution payments for victims of human trafficking criminal acts

The right of every citizen to obtain equality and status before the law, as well as the fulfillment and acquisition of their rights. Restitution is compensation for victim assistance, as a fundamental right of law enforcement for human trafficking crimes, and mandatory provisions to be fulfilled by perpetrators for the consequences of the criminal acts committed. Since Law No. 21 of 2007 was enacted, the fulfillment of victims' rights has not been optimally implemented or facilitated at all. Previous research found two decisions at the Medan District Court; until now, the payment order has had no meaning for the convict, thus causing neglect and disregard for the rights that the victim has expected. The finding of this failure to pay, when associated with the calculation of losses concluded by the Witness Victim Protection Agency, between the amount concluded, the amount decided by the judge, and the amount of the perpetrator's ability to pay, has a considerable gap. It proves the opportunity for this criminal decision to be set aside. Based on these findings, it is necessary to conduct a study to improve the strategy for achieving the intended justice. This study is legal research conducted through a case approach and legal concepts; the aim is to find solutions to the evaluation process using existing legal regulations.

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Journal
Edelweiss Applied Science and Technology
Published
2025-05-15
DOI
https://doi.org/10.55214/25768484.v9i5.7234
Primary Topic
Corporate Law and Human Rights
Type
article
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article

The strategy for fulfilling restitution payments for victims of human trafficking criminal acts

M Ekaputra, Rina Melati Sitompul, Elwi Danil, Mahmud Mulyadi
Edelweiss Applied Science and Technology
Corporate Law and Human Rights
article

The strategy for fulfilling restitution payments for victims of human trafficking criminal acts

M Ekaputra, Rina Melati Sitompul, Elwi Danil, Mahmud Mulyadi
article en

Abstract

The right of every citizen to obtain equality and status before the law, as well as the fulfillment and acquisition of their rights. Restitution is compensation for victim assistance, as a fundamental right of law enforcement for human trafficking crimes, and mandatory provisions to be fulfilled by perpetrators for the consequences of the criminal acts committed. Since Law No. 21 of 2007 was enacted, the fulfillment of victims' rights has not been optimally implemented or facilitated at all. Previous research found two decisions at the Medan District Court; until now, the payment order has had no meaning for the convict, thus causing neglect and disregard for the rights that the victim has expected. The finding of this failure to pay, when associated with the calculation of losses concluded by the Witness Victim Protection Agency, between the amount concluded, the amount decided by the judge, and the amount of the perpetrator's ability to pay, has a considerable gap. It proves the opportunity for this criminal decision to be set aside. Based on these findings, it is necessary to conduct a study to improve the strategy for achieving the intended justice. This study is legal research conducted through a case approach and legal concepts; the aim is to find solutions to the evaluation process using existing legal regulations.

Edelweiss Applied Science and TechnologyVol. 9(5)
Universitas Sumatera Utara (ID), Andalas University (ID)
Openalex Percentile: Top 88%
Corporate Law and Human Rights
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The strategy for fulfilling restitution payments for victims of human trafficking criminal acts — M Ekaputra, Rina Melati Sitompul, et al. · Edelweiss Applied Science and Technology (2025) | TGRS Research Map | TGRS