2.093 / 5.000 Legal Review of Asset Confiscation for Restitution in Human Trafficking Crimes Based on Justice Values

Abstract

In human trafficking crimes that occur, victims need to be given protection. One of the important considerations for protecting victims is because of the losses they suffer. To find out and analyze the implementation of asset confiscation for restitution in human trafficking crimes based on justice values, to find out and analyze the implementation of asset confiscation for restitution in human trafficking crimes in the future. This legal research uses an empirical legal research approach method. The implementation of asset confiscation in human trafficking crimes (TPPO) aims to provide justice for victims through restitution which includes compensation for material losses, psychological suffering, and rehabilitation costs, by prioritizing the principle of restorative justice. This approach ensures that assets resulting from crime, including other perpetrators' assets, are used for victim recovery without relying on the perpetrator's good faith. However, challenges such as tracking hidden assets, coordination between law enforcement agencies, and suboptimal regulations are still obstacles. Best practices in various countries demonstrate the effectiveness of asset forfeiture, such as strict and transparent legal mechanisms in China, asset allocation for rehabilitation services in the Netherlands, management by social institutions in the Philippines, and the implementation of non-conviction based forfeiture (NCBF) in the United States that allows for the seizure of assets without a criminal conviction. Indonesia can adopt this approach by strengthening the legal framework, increasing the transparency of asset management, involving special institutions such as LPSK, and integrating modern technology to ensure effective implementation of asset forfeiture, so that the benefits are truly felt by victims fairly and equitably.