Juridical Review of the Right to Restitution, Rehabilitation, and Compensation for Victims of the Crime of Trafficking in Persons according to Law No. 21 of 2007 on Court Decisions

Human Rights (HAM) is a fundamental right of all mankind as a gift of God inherent in human beings, natural, universal, eternal associated with human dignity, equally owned by all people, regardless of gender, nationality, religion, age, language, social status, political views, etc. One of the problems related to human rights in Indonesia is the crime of trafficking in Persons which is one form recruitment, delivery, transfer, protection or acceptance of a person, by threat or use of force or any form of coercion, kidnapping, deception, lying, or other abuse of power, or vulnerable position or giving or receiving payments or obtaining benefits to obtain the consent of someone who has power over others, for the purpose of exploitation. the purpose of this article is to determine the ratio decidendi judge's decision against the provision of compensation to victims of trafficking in persons of decision number: 584/K/pid.Sus/2013/Pn Sby and to determine the recidendi ratio which is an inhibiting factor so that it does not deberikannya compensation to victims of trafficking in Persons Decision No. 12 / Pid.Sus / 2021 / PN Kpg. The results showed that: (1) based on the consideration of the Supreme Court in the decision of the trafficking in persons case above, the ratio decidendi used in providing compensation to victims of trafficking in persons in the above decision is the provision of compensation is a citizen's right, the distribution of compensation is intended as assistance or to ensure the welfare of victims of crime and as Social Security. (2) inhibiting factors so that the crime of trafficking in Persons is not given in decision Number 12/Pid.Sus / 2021 / PN Kpg namely: legal factors and the unavailability of compensation implementation guidelines.

Trafficking in persons is a cross-border crime which injures human dignity. The mode of trafficking in persons is to take advantage of the economic conditions of potential victims by luring them a better job. This research will discuss the profile of victims of trafficking in persons, gender analysis in human trafficking, and international policies in victim protection that are gender equality oriented. This research is a normative juridical study examining the analysis of international legal instruments, laws and court decisions. The research was conducted using the statute approach, legal concepts and the concept of gender. The victims of trafficking in persons are dominated by women, although it does not rule out the possibility that men can also be the victims. Women are considered as commodities that can provide benefits because they can be bought and sold to do work without requiring high education, and even provide sexual services. The perpetrators of the criminal network carry out the recruitment of potential victims by involving the householder of the potential victim, in this case the husband or father of the potential victim. This condition cannot be separated from the deep rooted patriarchal culture in the society, in which the men play a role as the decision makers in the family. Power relations play an important role in analyzing this crime of trafficking in persons. Efforts to combat trafficking in persons are carried out within the framework of a gender-equitable policy. However, the existing legal instruments have not addressed the fundamental problems of trafficking in women. Reconstruction of the legal culture of society is very important in protecting women from various forms of violence.

Formulation of the problem 1. What is the form of legal protection for women as victims of trafficking in persons 2. What are the legal actions against the perpetrators of the crime of trafficking in persons. 3 What solutions are taken by legal protection officials in overcoming obstacles to providing protection for women. The purpose of the research 1. To find out the form of legal protection for women as victims of trafficking in persons.2. To find out legal actions against perpetrators of criminal acts of trafficking in persons. To find out what solutions are taken by legal protection officials in overcoming obstacles to providing women's protection. Research Methods The author uses a normative juridical method because the target of this research is law and norms. The definition of rules includes, legal principles, rules in the narrow sense and concrete legal regulations. This normative juridical research method aims to find coherent truths through deductive ways of thinking. The deductive way of thinking means that the research will depart from a specific idea. Research Results Legal protection for victims of the crime of trafficking in persons can not only be realized in the form of punishment of the perpetrators, but also in the form of fulfilling rights, including the right to obtain confidentiality of identity, the right to to obtain restitution or compensation, as well as the right to obtain .1. Declare that the Defendant HANITA SARI NASUTION ALS NONA has been legally and convincingly proven guilty of committing the crime of “Trafficking in Persons”; 2. Sentenced punishment on the Defendant therefore with imprisonment for 4 (four) years and a fine of Rp. 120,000,000.00 (one hundred and twenty million rupiahs) provided that if the fine is not paid, it is replaced with imprisonment for 3 (three) months.. The government's efforts or solutions to overcome human trafficking are as follows. The government strengthened security at the border. The government is strengthening laws and enforcement on human trafficking. The government cooperates with other countries, especially in the investigation and prosecution of perpetrators of human trafficking.

Law enforcement against the criminal act of trafficking in persons with the mode of becoming a female worker occurs very often in Indonesia so this research was carried out using an empirical juridical research method because this research aims to determine law enforcement for female victims of trafficking in persons. Obstacles in law enforcement against female workers show: 1) Law enforcement against perpetrators of the crime of trafficking in persons with victims of labor is in accordance with applicable law. Even though in law enforcement against perpetrators and victims who have reconciled, the legal process is not at the level of the prosecutor's office (prosecution process). 2) The police as a law enforcement agency in the process of enforcing the law on the criminal act of trafficking in persons also considers the value of justice

The crime of trafficking in persons often occurs among women and children. This case is mostly among adult women; this is due to demands (less economic) so that trafficking in persons often occurs. The government must eradicate this case and provide legal protection for victims of trafficking in persons so that women and children are not arbitrarily treated by traffickers. The type of research used is juridical normative; a study the discussion of which is based on laws and legal materials. The results of the analysis show that the criminal sanctions given to the perpetrators must be really sanctions that give a deterrent effect, so that the perpetrators do not repeat their mistakes. In addition, the existence of sanctions can reduce criminal cases of trafficking in persons against women and children, and no one treats women and children arbitrarily, and no longer makes women and children victims of trafficking in persons. So that children and women can become the next generation of the nation to be proud of themselves and others.

Legal protection for victims in the criminal law system and the judicial system in Indonesia and Malaysia has been implemented but has not yet accommodated the rights of victims as a whole and its implementation has not been in accordance with the principles of universal legal protection. The research method used is normative legal research, consisting of the type of research on legal comparisons and vertical and horizontal synchronization. The approach used is the legal, case, comparative and conceptual approach. The purpose of this study is to analyze legal protection for victims of trafficking in the criminal law system in Indonesia and Malaysia and to find the ideal concept of legal protection for victims of trafficking in persons from the perspective of the Indonesian criminal justice system. The results of this research are 1) The need for the executive and legislative to revise the law on witness and victim protection and the eradication of the crime of trafficking in persons, namely by including the rights of victims that have not been accommodated, 2) so that the components of the criminal justice system (National Police Indonesia, Prosecutors and Judges) have the same vision and prioritize professionalism and harmony between components in providing protection for victims based on the principles of victim protection and 3) The need for legal reform by harmonizing existing regulations with other regulations into the Concept of Integrative Legal Protection. Namely the concept of legal protection for victims of trafficking in persons by strengthening the interaction between the legal system, including norms, value systems and behavior systems into an integrated legal protection system for victims of trafficking in persons in the criminal justice system as a whole and comprehensive (integral comprehensive).

Indonesia is in a state of emergency for the crime of trafficking in persons. The need for employment has caused many Indonesian workers to become victims of human trafficking. The crime of trafficking in persons is a violation of human rights to human freedom to work according to one's own will and not be forced and tortured in doing work. The district court as the executor of judicial power in the field of general crimes plays a role in enforcing the law and providing justice, one of which is by imposing restitution decisions for victims of human crimes. The technical rules for implementing restitution are important so that substantive justice for victims of trafficking in persons can be recovered materially.

Statistics have shown increasing trend of the crime of “trafficking in persons”, in various parts of the world, including China, Iran, Russia, Sudan, Syria, Malaysia and few others. Sometimes known as “human trafficking” or “modern slavery”, past research has pointed that the use of technology is predominant in leading to the crime of trafficking in persons. In the era of information society and network society alike, technology is not only resorted to for the advantage of the users, but such also as removing geographical boundaries, enhanced efficiencies, communication, and commerce. On the other hand, it also works against the benefit on humankind, particularly in this study, in facilitating the crime of trafficking in persons. Henceforth, this study investigates the role of technology in facilitating the crime of trafficking in persons. The methodology engaged in this study is doctrinal research, involving review of literature, statistics, government reports, archival documents and relevant cases on human trafficking. The study found that technology plays a significant role in facilitating human trafficking from four main dimensions, being (1) recruitment and advertisement, (2) transportation, (3) exploitation, and (4) financial management. At each of these dimensions, technology becomes the enabler and communication tool to empower perpetrators in engaging in the crime of trafficking in persons. The findings of the study are significant to contribute to the body of knowledge in the areas of cybercrimes and trafficking in persons. Hopefully, the findings of the study would shed light into future research on these key areas, particularly towards achieving the 16th goal of the United Nation’s sustainable development goals for peace, justice and strong institutions (SDG-16)

Children are a mandate and a gift from God Almighty. Dignity as a human being is also inherent in them. Children are the potential successor and young generation who carry forward the ideals of the nation's struggle. They have a strategic role and special characteristics that ensure the continuity of the nation and state in the future. In order for each child to be able to bear this responsibility in the future, she/he needs to have the widest possible opportunity to grow and develop optimally, physically, mentally, socially, and nobly. Therefore, it is necessary to make efforts to protect the welfare of children by providing guarantees for the fulfillment of their rights as well as treatment without discrimination. This research was conducted with the aim of describing how the legal protection of children as victims of trafficking in persons based on Law Number 35 of 2014 concerning Child Protection and how the sanctions against the perpetrators of child trafficking. The research method used in this research was normative legal research. The results of this study indicated that legal protection for children as victims of trafficking in persons based on Law Number 35 of 2014 concerning Child Protection includes the protection of dignity, as well as recognition of human rights possessed by children based on legal provisions of abuse. In addition, the sanctions against the perpetrators of child trafficking are regulated in Law Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons.

Becoming a female worker abroad, especially in Middle Eastern countries, Malaysia is the dream and hope for most women and families in Lebak Kepuh Village. Family poverty factor is the main reason for families to send their children to work abroad. Working as farm laborers and getting caught up in loan sharks forced these families to send their children to become TKW. Private Indonesian Employment Service Delivery Companies (PPTKIS) have sprung up as a connector between workers and overseas job providers. However, unfortunately, many of these PPTKIS are not registered with the Ministry of Manpower and some are looking to the villages to seduce women to be sent to work abroad or in the capital city with the lure of a large salary. Even though this is often not true. Instead of getting a job, they are even traded in the trafficking of people into commercial sex workers and / or into illegal labor. This activity aims to socialize Law Number 21 of 2017 concerning the Eradication of the Crime of Trafficking in Persons. The causes, methods, methods and consequences of victims of trafficking in persons are presented and described in this activity. This includes serious legal sanctions that will be imposed on parties who deliberately commit the criminal act of trafficking in persons. Village officials ranging from neighborhood units, neighborhood units to village officials are at the forefront of preventing criminal acts of trafficking in persons because the form of trafficking begins with manipulating population data for poor families who want to send their children to work in public families, reporting companies that supply illegal foreign workers to the authorities. is an effort to stop the criminal act of trafficking in persons (women) in Desa Lebak Kepuh , Kecamatan Lebak , Serang Regency.

Crime of human trafficking (human trafficking) is a violation of human rights as a form of slavery. To encourage the Indonesian government to protect through legal arrangements with the issuance of Law No. 21 of 2007 on the Eradication of Trafficking in Persons. The focus of the issues raised in this research is how the forms of the crime of trafficking in persons under Law No. 21 of 2007, and how the criminal law policy in combating the crime of human trafficking. The results showed that the forms of the crime of trafficking in persons under Law No. 21 of 2007, namely: First, the recruitment process sexual exploitation (prostitution). Second, trafficking of children as workers, Third, child trafficking through adoption (adoption). Fourth, the policy of criminal law in combating the crime of trafficking in persons (human trafficking) are listed in the Criminal Code, RKUHP 2015, Law No. 39 of 1999 on Human Rights, Law No. 23 of 2002 on Child Protection and Law No. 21 2007 About the Crime of Trafficking in Persons which contains all provisions concerning human trafficking

Trafficking in persons is considered an illegal activity associated with transnational organised crimes. Interestingly, trafficking in persons as a transnational organised crime is increasing quickly. This could be illustrated by the growing involvement of criminal organisations in trafficking in persons. Therefore, it is important to address this crime. This is important because trafficking in persons is a large-scale problem linked with international organised crimes. However, such addressing requires identifying a number of issues regarding trafficking in persons as a transnational organised crime. These issues are the following: The first issue is clarifying the meaning of trafficking in persons as a transnational organised crime. The second issue is analysing the transnational nature of the crime of trafficking in persons. The third issue is the criminal jurisdiction over trafficking in persons as a transnational organised crime. The fourth issue is addressing trafficking in persons as a transnational organised crime. The fifth issue is highlighting the international, regional, and national responses to trafficking in persons as a transnational organised crime.Notably, addressing trafficking in persons as a transnational organised crime requires a holistic approach. This approach should include international, regional and national responses as well as states? cooperation and cooperation among international organisations. Such a holistic approach is significant because trafficking in persons is not limited to one country. Consequently, tackling trafficking in persons requires countries to unify their efforts and to make serious attempts in the fight against this crime. In this regard, it is to be noted that Jordan has made significant efforts of attempts to address the crime of trafficking in persons. Accordingly, the Jordanian example could be analysed and studied to determine what Jordan has done, how Jordan has done that and would that be done better in the future.

The crime of trafficking in persons is something that has often happened that cannot be denied. So that this matter became a special concern for the Government of Indonesia, which in the end issued the regulation of Law Number 21 of 2007 concerning the Eradication of the Criminal Acts of Trafficking in Persons. The main problem in this research is criminal liability for the attempted criminal act of trafficking in persons and the judge's consideration in sentencing the perpetrators who attempted the criminal act of trafficking in persons in the decision Number 54/Pid.Sus/2021/PN.Lsm. This type of research is included in the normative juridical law research group. Meanwhile, judging from its nature, this research is a complete, detailed, and clear description of a reality. Criminal liability for attempted criminal acts of trafficking in persons in Law Number 21 of 2017 concerning the Eradication of the Crime of Trafficking in Persons is different from liability for attempted criminal acts regulated in the Criminal Code. The difference is that in Article 53 paragraph (2) and paragraph (3) of the Criminal Code the sentence imposed is reduced by one third, while according to Article 10 of Law Number 21 of 2017 concerning the Eradication of the Crime of Trafficking in Persons, the criminal sanctions imposed are not reduced by one third, but are equated with the deed is done. The judge's consideration in imposing a criminal sentence on the attempted criminal act of trafficking in persons in the decision Number 54/Pid.Sus/2021/PN.Lsm is based on evidence, testimony of witnesses, testimony of the defendant and based on the facts revealed in the trial and also consider the aggravating reasons and mitigating reasons from the defendant, and with the judge's conviction, the verdict handed down in this case is a prison sentence of 3 (three) years and a fine of Rp.120,000,000, - so that the judge's consideration in The author considers that the sentence is appropriate because it is appropriate and fulfills these elements. It is recommended that the criminal liability imposed can provide a deterrent effect on the perpetrators. Judges in making decisions are expected to consider everything presented in the trial, in addition to juridical considerations, judges are also expected to carry out non-juridical considerations.

Restitution can be interpreted as the right of victims of criminal acts provided by the perpetrators or third parties as a form of loss recovery and legal protection for victims, which can be in the form of compensation for material and/or immaterial losses suffered. The implementation of the right to restitution for victims of trafficking in persons can not only be carried out on the basis of statutory orders but also requires the role of both law enforcement officials and other non-governmental organizations. The provision of restitution rights as a form of legal protection can be seen in several court decisions, but in fact this is very rarely found in the jurisdiction of the Padang District Court Class I A. The formulation of the problem is: 1. How is the implementation of the provision of restitution to victims of human trafficking crimes, 2. what are the obstacles faced by law enforcement, 3. and how is the solution to the obstacles in implementing the provision of restitution to victims of human trafficking crimes in the jurisdiction of the Padang District Court Class 1 A? This research uses empirical juridical methods with the aim of studying and analyzing the procedures for the operation of law in community life. From the results of this research, the implementation of restitution rights in the jurisdiction of the Padang District Court is still not optimal. This is because there are several obstacles such as the long mechanism for submitting restitution requests, the absence of demands regarding restitution rights included in the verdict and also the lack of socialization of restitution rights. The obstacles faced require solutions such as simplifying the procedural system for applying for restitution rights, increasing attention to the interests of victims and increasing the socialization of the right to restitution itself, both from victims, the community and even law enforcement officials. Keywords : Human Trafficking, Restitution Rights, Victims

Regulations related to compensation for victims of trafficking in persons within the Indonesian legal framework still leave significant lacuna legis, or legal gaps. The purpose of this study is to identify and analyze lacuna legis in the provision of compensation for victims of trafficking in persons in Indonesia. This study uses normative legal research with a legislative and conceptual approach. The results of the study show that there are lacuna legis in the TPPO Law, PSK Law, PP 35/2020, and PERMA 1/2022, which do not categorize victims of trafficking in persons as recipients of compensation. but instead limit the scheme only to victims of gross human rights violations and criminal acts of terrorism, thereby creating inequality in protection with victims of other crimes and contradicting the principles of modern victimology and the state's obligations under international law, which require the state to provide effective recovery for all victims of serious crimes, including victims of trafficking in persons. The recommendation in this study is that it is necessary to reconstruct the compensation arrangements for victims of trafficking in persons as an effort to fill the legislative gap so that protection for victims of trafficking in persons is more inclusive, responsive, and in line with international standards