ABSTRACT
The
Problem of Confiscating Assets as Compensation for Fulfilling the Rights of
Victims of Human Trafficking Crimes
Name : Dadang Eko
Nugroho
NIM 20040704179
Program : Bachelor of Laws
Departement :
Laws
Faculty : Faculty of Law
University : State University of Surabaya
Advisor : Gelar Ali Ahmad, S.H, S.Pd M.H.
Providing restitution in
cases of the crime of human trafficking in Indonesia is still not well realized
because there is no law that specifically regulates the confiscation of the
perpetrator's assets to provide restitution to the victim. Restitution is a
compensation system that is carried out to restore the victim's rights when the
victim experiences the crime. Restitution arrangements are contained in Law no.
31 of 2014, PerMa No. 1 of 2022. Restitution for criminal acts of human
trafficking currently still does not have such strong power to provide
compensation to victims in accordance with what the victim expects through LPSK
calculations, in fact there are underpayments and no payment of restitution at
all to victims. This is known from the 3 decisions raised in this writing,
namely the first is Decision No. No.
592/Pid.Sus/2021/PN Ckr, Decision no. 168/Pid.Sus/2020/PN.Pml, and
finally Decision No.
48/Pid.Sus/2021/PN.Cbn. The final solution for granting restitution ends
in imprisonment for a maximum of one year if the TIP perpetrator is unable to
pay the restitution. Making TIP perpetrators prefer to say they are unable to
pay restitution. This writing uses normative research methods to emphasize the
existence of a legal vacuum. This writing is written as literature and aims to
encourage the revision and improvement of the Law regarding the regulation of
restitution and confiscation of assets of TIP perpetrators. Legal
interpretation by a judge is something that can be done by law to achieve
restitution for victims based on article 1 paragraph (1) of Law no. 48 of 2009
concerning Judicial Power.
Keywords: Restitution, Confiscation. LPSK, Interpretation.