Pemenuhan Hak Kompensasi Dan Restitusi Terhadap Korban Tindak Pidana Perdagangan Orang

Abstract

Restitution as the right of victims, due to the understanding of the meaning of a victim itself, is a fundamental concept. The methods used in this research are conducted with juridical-normative research. The juridical-normative approach discusses doctrines or principles in legal science. In this research, the method of legal material analysis is used by examining and describing the existing cases based on applicable laws, whether they contradict das sollen and das sein, using the legal material of the UN Convention on the Rights of the Child of 1989, Article 28B Paragraph (2) on the Right to Survival, Growth, Development, Protection from Violence and Discrimination, Law Number 21 of 2007 concerning the Eradication of Human Trafficking Crimes, and the Criminal Code. The results of this research, firstly, the regulations regarding compensation and restitution rights for child victims of human trafficking crimes can be found in legal rules such as: Criminal Code, TPPO (Criminal Procedure Code), Human Rights Law, and Prostitution Law. The issue of compensation and restitution rights is regulated in Article 48 Paragraph 1 of Law Number 21 of 2007 concerning the Eradication of Human Trafficking Crimes. This can be seen in the example of the case Decision Number 12/Pid.Sus/2021/PN Kpg in the Case of Yopi Nalle And Erduadus Kokke. In the Case Number 12/Pid.Sus/2021/PN Kpg In the Case of Yopi Nalle And Erduadus Kokke