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

摘要

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.