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 involving criminal acts of human trafficking, law enforcement is still focused on imposing criminal penalties on perpetrators of criminal acts. The focus of the discussion in this thesis is the role of the Public Prosecutor in optimizing demands for restitution payments in criminal cases of human trafficking, as well as the obstacles and solutions faced by public prosecutors in implementing restitution payments in criminal cases of human trafficking based on court decision Number: 807/Pid.Sus /2019/PN.JKT.TIM. The approach method in this research uses empirical juridical in this research to analyze problems by combining secondary data with primary data obtained in the field. The research results concluded that the Public Prosecutor has a role in optimizing restitution payments to victims of criminal acts of human trafficking with their authority. Things that the Public Prosecutor can do include playing an active role in informing victims of criminal acts of human trafficking about their rights through investigators, blocking the perpetrator's assets, tracing the perpetrator's assets and including details of the losses suffered by the victim in the demand letter. However, in its implementation there were several obstacles, namely the payment of restitution was based only on the defendant's ability, there was an option for the defendant to replace the penalty for paying restitution with imprisonment and the reluctance of law enforcement officials to implement the authority granted by the law. To overcome these obstacles, law enforcement officials 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 met by the perpetrator.