ANALISIS YURIDIS HAK RESTITUSI TINDAK PIDANA PERDAGANGAN ORANG DI PERADILAN PIDANA (STUDI KASUS PUTUSAN NOMOR 322/PID.SUS/2023/PN JKT.SEL)

This research discusses the right to restitution for victims of trafficking in persons (TIP) in the Indonesian criminal justice system with the focus of case study Decision Number 322/Pid.Sus/2023/PN Jkt.Sel. The main problem raised is that the victim's restitution rights have not been fulfilled even though they have been procedurally submitted through the Witness and Victim Protection Agency (WVPA). This research uses normative
juridical method with statutory approach, conceptual approach, and case approach. The results of the study show that although normatively restitution for the crime of human trafficking has been regulated in various regulations such as Law Number 21 of 2007 concerning the Crime of Human Trafficking and Supreme Court Regulation Number 1 of 2022 concerning Procedures for Settling Requests and Providing Restitution and Compensation to Victims of Crime, the implementation of restitution still encounters obstacles in the aspects of legal substance, legal structure, and legal culture. In the case studied, the Panel of Judges did not grant the victim's request for restitution in the final decision due to an error made by him in determining the charges used. The indictment used was Law Number 18 of 2017 concerning Placement of Indonesian Migrant Workers. Whereas the Public Prosecutor charged using Law Number 21 of 2007 concerning the Crime of Trafficking in Persons. This creates legal uncertainty and injustice. This research emphasizes the importance of consistency in the application of restitution law to ensure the full restoration of the rights of victims of TIP.
Keywords: Trafficking in Persons, Restitution, Criminal Justice.