Development of a Restitution Model in Optimizing Legal Protection for Victims of Human Trafficking in Indonesia

This study aims to develop a model for the effective implementation of restitution criminal sanctions against individuals involved in trafficking in persons. The findings of this research hold strategic significance in terms of providing legal protection to victims and enhancing the concept of restitution. The study focuses on evaluating the effectiveness of imposing restitution sanctions on traffickers through judicial decisions in Indonesia. By employing a sociological juridical approach, this research examines legal norms and court rulings pertaining to prosecutors' charges against individuals involved in trafficking crimes. The analysis of these judicial decisions reveals that out of the cases reviewed, only seven included restitution sanctions, and none of the perpetrators fulfilled their restitution


INTRODUCTION
Alongside restitution, victims are entitled to medical and social rehabilitation, repatriation, and reintegration, which are the responsibilities of the state, particularly for those who have endured physical, psychological, and social distress due to trafficking crimes.
The concept of restitution, from a victimological perspective, centers around repairing or restoring the physical, moral, and property losses endured by the victim. It also emphasizes the position and rights of victims in relation to the perpetrators of criminal acts.
Available online at http://journal.unnes.ac.id/sju/index.php/jils Restitution serves as an indication of the offender's accountability and demonstrates a corrective purpose within the realm of criminal cases.
The aforementioned limitations shed light on an intriguing aspect: restitution serves a corrective or rehabilitative purpose for victims who have suffered losses and/or endured suffering due to criminal acts perpetrated against them. This concept and objective are highly commendable, as they ensure a more balanced focus on victims within the criminal justice system, contrasting with the prevailing marginalization or neglect of victims thus far. However, in order to uphold the integrity of the restitution sanction, diligent monitoring of its implementation is essential. 1 Shapland highlights the plight of victims of criminal acts, often referred to as the "forgotten men", as their role in criminal proceedings lacks attention. 2 Christie, in a similar vein, argues that victims are left completely marginalized, with their involvement in the criminal case overshadowed by the Criminal Justice System. 3 Harding further asserts that the needs of victims receive little consideration from state 1 DiBari, Dennis F. "Restoring Restitution: The Role of Proximate Causation in Child Pornography Possession Cases where Restitution is Sought." Cardozo Law Review 33 (2011): 297-329 Schafer, Stephen. The Victim and His Criminal: A Study in Functional Responsibility. Vol. 34. (New York: Random House, 1968); Schafer, Stephen. Victimology: The Victim and His Criminal. (Reston, VA: Reston Publishing Company, 1977). It is further emphasized that by merging victimology (the study of victims and their experiences) with penology (the study of punishment and rehabilitation), there is an opportunity to reshape the concept of punishment in a more victim-centered manner. This alignment recognizes that punishment should not solely focus on the offender but should also consider the needs, rights, and recovery of the victim. By integrating victimological principles into penological practices, the criminal justice system can refine and improve its treatment of victims. This can be achieved through various means, such as: (1). Prioritizing the rights and well-being of victims: Placing greater emphasis on the needs and rights of victims throughout the criminal justice process, ensuring their active involvement, and providing them with support and services tailored to their specific needs. (2). Promoting restorative justice approaches: Restorative justice seeks to address the harm caused by the offense and repair the harm done to the victim, the community, and the offender. It encourages dialogue, accountability, and restitution, allowing victims to have a voice and be active participants in the resolution process. Many instances exist where judges' decisions regarding restitution are not fulfilled by the convicted offenders. 8 They either claim a lack of financial ability or choose to serve prison sentences services: Ensuring that victims have access to comprehensive support and services, including medical and psychological assistance, social rehabilitation, and practical assistance. This can aid in their recovery and help restore their sense of security and wellbeing. (4). Strengthening victim impact statements: Allowing victims to express the impact of the crime on their lives and the restitution they deem appropriate can ensure their voices are heard and considered during sentencing and decision-making processes. See also Van Ness, Daniel W., et al. Restoring  The care ideology, also known as the ideology of attention, is These ideologies offer different perspectives on restitution and shape the underlying principles of the policies and programs implemented in response to crimes. They highlight the importance of and aims to address real-world issues and policy implications. By using the term "victimagogic," Van Dijk emphasizes the practical application and relevance of his work in the field of victimology. This term signifies that his research and recommendations are not confined to theoretical or abstract discussions but are grounded in the goal of improving the lives of victims and informing policy decisions. In essence, Van Dijk's use of the term "victimagogic" underscores his commitment to bridging the gap between academia and practical solutions. It signifies his intention to move beyond scientific inquiry and contribute to meaningful changes in the field of victimology, thereby highlighting the importance of considering the real-life implications and consequences of victimization. 23 25 In England, retribution is reflected in sentencing practices, where judges consider the seriousness of the offense and the culpability of the offender when determining the appropriate punishment. The principle of proportionality is central to retribution, aiming to ensure that the punishment is commensurate with the gravity of the crime committed. The concept of retribution is guided by the idea that punishment serves both a symbolic and moral purpose. It seeks to satisfy the sense of justice and moral outrage of the community by holding offenders accountable for their actions. Retribution acknowledges the harm done to victims and seeks to restore a sense of balance by imposing appropriate punishment on the offender. In practical terms, retribution in English criminal law is often implemented through custodial sentences, fines, or community-based penalties. The length of the prison sentence or the amount of the fine may vary depending on the severity of the offense, aggravating or mitigating factors, and the individual circumstances of the case. 26 Retribution in Scottish criminal law emphasizes the need to hold offenders accountable for their actions and to provide a just response to the harm caused to individuals and society. The focus is on the moral and symbolic aspects of punishment, aiming to maintain public confidence in the justice system and affirm societal values of fairness and accountability. In practical terms, retribution in Scottish criminal law can be manifested through custodial sentences, community-based penalties, fines, or other forms of punishment deemed appropriate for the offense committed. The length of the 3. Service-Victim Restitution: in this type, instead of monetary compensation, the offender provides services directly to the victim. These services are intended to help the victim in some way, such as repairing damage caused by the offense or assisting them in recovering from the harm they experienced.
sentence or the severity of the punishment may vary depending on the circumstances of the case and the individual offender's culpability. Like in England, the application of retribution in Scottish criminal law is subject to ongoing discussions and debates to ensure that punishment remains fair, just, and proportionate. The Scottish legal system is committed to maintaining a balance between the various aims of punishment and continually reviewing and adapting sentencing practices to uphold principles of retribution and justice. 28 It is also further explained that: "Four combinations of restitution arrangements are possible payments by the offender to the actual victim, perhaps through an intermediary (the most common); earnings shared with some community agency or group serving as a substitute victim (rather than a fine collected by the government); personal services performed by the offender to benefit the victim (an uncommon outcome); and labor donated by the offender for the good of the community (frequently ordered). The task force has the following duties: 1) to coordinate efforts to prevent and address trafficking offenses; 2) carry out advocacy, socialization, training, and cooperation in both national and international cooperation; 3) monitor the progress of victim protection implementation which includes rehabilitation, repatriation, and social reintegration; 4) monitor the progress of implementation, law enforcement; 5) carry out reporting and evaluation. Establishment of this task force Based on Article 58 of Law No. 21 of 2007, the government established a task force consisting of representatives from the government, law enforcement, civil society organizations, NGOs, professional organizations, and researchers/academics aimed at streamlining and ensuring the implementation of the eradication of trafficking crimes. 31  However, it is important to note that the primary function of the police in these cases lies in their ability to establish the fulfillment of the elements required to determine suspects involved in trafficking.
In some instances, there may be complexities in proving that all elements of trafficking are present, leading to potential challenges when applying appropriate legal regulations. This situation can have implications for the rights of the victims involved.
In the other hands, law enforcement carried out by the Public 36 Shapland, 2007. 37    To effectively implement this model of restitution sanctions, it is essential to enhance the analytical capabilities of law enforcement officials in assessing the elements of trafficking crimes. Moreover, in cases involving special circumstances that require the application of specific regulations, victims should still have the right to seek restitution. By implementing this model, it is expected that restitution sanctions will become more effective in providing tangible benefits and legal protection for victims of trafficking crimes in Indonesia.
In the further discussion, the current implementation of