Proceedings of the International Conference on Law Reform (INCLAR 2019)

Legal Certification of the Restitution of Criminal Sanctions for Trading of Criminal Trafficking Persons, Based on Law of Regulation, Component and Regulation of the Company, Regulation of the Republic of Indonesia 7, 2007

Authors
Haidir Rachman, Dwi Heri Susatya, Moh. Birza Rizaldi, Hanrizal Satria, Errawan R. Wiradisuria, Andjar Bhawono
Corresponding Author
Haidir Rachman
Available Online 4 March 2020.
DOI
https://doi.org/10.2991/aebmr.k.200226.021How to use a DOI?
Keywords
restitution, crime of trafficking in persons, legal certainty
Abstract

Restitution is submitted by the Public Prosecutor by attaching the required documents for the application for restitution, which then the court judge will consider the application for restitution. The problem in this study is how the legal certainty of imposing criminal sanctions for restitution against perpetrators of trafficking in persons based on Law Number 21 of 2007 concerning Eradication of Trafficking in Persons Crime Government Regulation Number 7 of 2018 concerning Provision of Compensation, Restitution, and Assistance to Witnesses and victim? The research method used is normative juridical using secondary data. The results of the study show that legal certainty regarding the imposition of criminal sanctions for restitution for perpetrators of criminal acts of trafficking has been regulated in Law Number 21 of 2007 concerning Eradication of Trafficking in Persons in Government Regulation Number 7 of 2018 concerning Provision of Compensation, Restitution and Assistance to Witnesses and Victims are carried out with a mechanism for submitting restitution since the victim reports a case he has experienced to the local Republic of Indonesia National Police and is handled by the investigator together with the handling of the crime committed. However, in the application of criminal sanctions for restitution against perpetrators of criminal acts of trafficking in decisions of the Jambi District Court Number 538 / Pid.Sus / 2014 / PN.Jmb, on December 18, 2015 it was incorrect because the Court Judges did not examine the complete application for restitution submitted by the Public Prosecutor before deciding on sanctions for restitution, while the Public Prosecutor also carries out negligence by not attaching documents, so that the decision of the Jambi District Court Number 538 / Pid.Sus / 2014 / PN.Jmb can reduce the legal certainty.

Copyright
© 2020, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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Volume Title
Proceedings of the International Conference on Law Reform (INCLAR 2019)
Series
Advances in Economics, Business and Management Research
Publication Date
4 March 2020
ISBN
978-94-6252-916-8
ISSN
2352-5428
DOI
https://doi.org/10.2991/aebmr.k.200226.021How to use a DOI?
Copyright
© 2020, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Cite this article

TY  - CONF
AU  - Haidir Rachman
AU  - Dwi Heri Susatya
AU  - Moh. Birza Rizaldi
AU  - Hanrizal Satria
AU  - Errawan R. Wiradisuria
AU  - Andjar Bhawono
PY  - 2020
DA  - 2020/03/04
TI  - Legal Certification of the Restitution of Criminal Sanctions for Trading of Criminal Trafficking Persons, Based on Law of Regulation, Component and Regulation of the Company, Regulation of the Republic of Indonesia 7, 2007
BT  - Proceedings of the International Conference on Law Reform (INCLAR 2019)
PB  - Atlantis Press
SP  - 105
EP  - 111
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.200226.021
DO  - https://doi.org/10.2991/aebmr.k.200226.021
ID  - Rachman2020
ER  -