Authority of Prosecutors in Prosecuting Restitution Payments in Human Trafficking Crime Cases (Analysis of Decision Number: 807/Pid.Sus/2019/PN.JKT.TIM)

Abstract

In handling cases of human trafficking, law enforcement is still focused on imposing criminal sentences on perpetrators of the crime. The focus of the discussion in this thesis is how the role of the Public Prosecutor in optimizing restitution payment demands in human trafficking cases, as well as the obstacles and solutions faced by the public prosecutor in implementing restitution payments in human trafficking cases based on court decisions Number: 807 / Pid.Sus / 2019 / PN.JKT.TIM. The approach method in this study uses empirical juridical in this study analyzing the problem is carried out by combining secondary data with primary data obtained in the field. The results of the study concluded that the Public Prosecutor has a role in optimizing restitution payments to victims of human trafficking with his authority. Things that can be done by the Public Prosecutor include playing an active role in notifying victims of human trafficking about their rights through investigators, blocking the perpetrator's assets, tracing the perpetrator's assets and including details of the losses experienced by the victim in the letter of demand. However, in its implementation, there are several obstacles, namely restitution payments are based only on the defendant's ability, there is an option for the defendant to replace the restitution payment sentence with imprisonment and the reluctance of law enforcement officers to implement the authority granted by the Law. To overcome these obstacles, law enforcement officers should be more active in seeking restitution, law enforcement agencies should hold special training for handling restitution, and public prosecutors should seek restitution as a form of additional punishment that must be fulfilled by the perpetrator.