Jurnal Hukum Sehasen
Vol 9 No 2 (2023): Oktober

Law Enforcement Against Child Trafficking Crimes And Their Right To Restitution

Salsabella Dea Nopriensa Grace Geovanni (Universitas Internasional Batam)
Tamtimin Tamtimin (Universitas Internasional Batam)
Rufinus Hotmaulana Hutauruk (Universitas Internasional Batam)



Article Info

Publish Date
07 Oct 2023

Abstract

The aim of this legal research is to analyze the legal regulations governing the crime of child trafficking in Indonesia and their rights to restitution. The research methodology employed in this study is a juridical-normative research method. This approach involves analyzing the issues using primary legal materials, which include statutory regulations as the primary source (primary legal materials), as well as various secondary legal sources such as legal literature, law books, academic publications, and scholarly articles discussing the regulation and enforcement of criminal sanctions against child traffickers and their rights to restitution. Human trafficking is a cruel act that violates human rights and harms individuals, especially children. Within the framework of Indonesian law, human trafficking has been comprehensively regulated with a strong constitutional basis. Law Number 21 of 2007 on the Eradication of Human Trafficking serves as a concrete foundation for combating human trafficking, aligning with international commitments such as the Palermo Protocol. However, the protection of child victims of human trafficking remains a challenge, addressed in Law Number 35 of 2014 on Amendments to Law Number 23 of 2002 on Child Protection. Legal protection for these children consists of three stages: during the commission of the crime, during the trial of human trafficking perpetrators, and post-judgment. In the post-judgment stage, child victims have the right to seek restitution, which is the responsibility of the perpetrators of the crime. While legal protection is available, the process can be complex and requires meticulous legal procedures to secure the rights of child victims. In summary, Indonesia is committed to eradicating human trafficking, protecting victims, and punishing perpetrators of this crime. The country also actively participates in international efforts to address this issue on a global scale.

Copyrights © 2023






Journal Info

Abbrev

jhs

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Hukum Sehasen (JHS) is a peer-reviewed open-access journal that aims to publish manuscripts of high-quality research as well as conceptual analysis that studies specific fields of law, such as Islamic law, customary/adat law, philosophy of law, fundamental law, legal theory, comparative law, ...