Strengthening Indonesian Trafficking in Persons Law under Restitutio in Integrum Principles

Abstract

The modern criminalization process should take more remarkable account to restore the victims' rights. Under the principle of responsiveness in good governance, the restitution mechanism is used to follow the Trafficking in Persons Law's (TIP Law) provisions. This article aims to explore the inefficiencies of restitution principles and provide alternative solutions to the victim of human trafficking. The legal issue arises because of the provisions that enable the perpetrator to replace the inability in paying restitution with one year prison. The research was conducted using normative juridical methods. A conceptual and legislative approach was chosen to examine the ideal form of implementing fair restitution. The creative restitution theory perspective prioritizes actions that are more than just restoring the victim's condition. This perspective explains alternative models of punishment that also accommodate stronger restitution for victims. The research results show that the prison sentence used to compensate for the perpetrator's inability to pay restitution does not reflect justice for the victim. This provisions increase the number of unpaid restitution. For this reason, this research suggests that the government can accommodate the application of restitution other than in the form of cash payments by revising the TIP Law. This effort is an essential solution to ensure that the implementation of restitution is under the philosophical objectives for which it was created.