INITIATING PAYMENT OF TRAFFICKING RESTITUTION FROM A VICTIM’S PERSPECTIVES

The objective of this study was to offer policy concept ideas in fulfilling restitution for the victims in accordance with the required attainment of justice. Restitution related to the payment of costs charged to the person based on a court decision that has permanent legally enforceable for the costs suffered by the victim or heir. This study used a normative method using a statutory approach and a case approach. From the three court decisions and one trafficking case in the constabulary, the victim's comprehension of the legal handling experienced is sufficient to accommodate the victim's wishes in obtaining victim's rights. Conclusions are drawn through an inductive to deductive thought process. Of the three decisions reviewed, it proved that the application of restitution payments was not able to fulfill a sense of justice for the victim. In fact, in practice, the fulfillment of compensation payments is in the non-penal space, from the perspective of victim recognition, it is sufficient to accommodate their wishes and hopes for the fulfillment of the expected restitution rights. In order to provide legal certainty for victims of the fulfillment of restitution rights, a legal breakthrough is required. The diversion method as a confirmation of ensuring the payment of the victim's restitution right is an offer. The concept of diversion can be carried out with the limitation of the criteria for the impact experienced by the victim, and the legality of legality is determined through a court decision or decision, as legal achievement through restorative justice is able to restore conflicts from perpetrators and victims.


INTRODUCTION
The Constitution Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons as a manifestation of the state in efforts to protect victim witnesses from the act of trafficking in persons. The state does not tolerate the practice of acts because this form of crime is classified as a form of serious crime for gross human rights violations.

Kanun Jurnal Ilmu Hukum
Initiating Payment of Trafficking Restitution from a Victims Perspective Vol. 23, No. 1, (April, 2021), pp. 101-115. Rina Melati Sitompul & Andi Maysharah 102 The provisions of the Trafficking Law reinforce the principles of criminal policies that outline the renewal of condemnation, the context of the Criminal Code so far has been more directed towards imprisonment. Gradually there is a shift in the approach to victims, how efforts to achieve victim recovery are imposed on the perpetrators for crimes that have been committed. The context of the provisions is in line with the goal of achieving the theory of restorative justice (Tridiatno, 2015).
The same thing is in putting forward the request for the restitution, the judge must have the courage to put forward the interests of the victim where the judge has the authority to find the law (rechtsvinding), so that the assumption of the concept of restitution in the failed restorative concept can be prevented (Rosnawati &. Din, 2016). According to Mulyadi (Marasabessy, 2016), the position of victims from the framework of the concept of criminal policy in victim protection, the first thing that must be considered is the essence of the losses suffered by victims. The essence of the loss is not only related to material loss or physical suffering but also psychological in nature.
That is the trauma of losing trust in front of society and a sense of security.
The political order of criminal law has opened up space for law enforcement processes through protection efforts for witnesses and victims by fulfilling the basic needs of victims in fulfilling their rights which are manifested in the provision of compensation and restitution for victims of gross human rights violations. As in this research setting, in the law enforcement application process, all the mistakes and weaknesses of law enforcement officials in protecting victims are important points of their desire to protect victims.
Restitution is directed as the responsibility of the suspect or convicted person for the legal consequences arising from the impact of the act he has committed. The main goal is to overcome all the losses suffered by the victims. However, the filing standards are regulated in the legal provisions of Law no. 21 of 2007 and the Amendment Law on witness protection are still being debated, so that the fulfillment of victims' rights is hampered.

103
Victims as apart from those who suffer and are disadvantaged for the actions of traffickers in legal traps tend to be involved only to provide testimony. Finally, victims often feel dissatisfied even though the criminal charges filed by the prosecutor against the perpetrators are quite high or the criminal decisions granted by the judges are fulfilled, so they are deemed not fulfilling the justice of the victims. This is because the criminal justice system is only limited to prosecuting perpetrators, not serving the interests of victims (Marasabessy, 2016).
Similar sentences regarding the process of handling victims of trafficking crimes are still limited to proving crimes, so that the process of obtaining the recovery of victims who should receive attention to the rights that have been harmed from crimes, namely the realization of material compensation and rehabilitation tends to be neglected (Jumiati, 2015).
Essentially, criminal policy is an integral part of protecting society (social defense) and efforts to achieve social welfare. It can be interpreted that the ultimate goal or main goal of criminal politics is the protection of the community to achieve prosperity (Arif, 2008). On the other hand, criminal law policy is part of the sanction/punishment policy, judicial policy through the criminal justice system, as well as law enforcement and criminal policy administration which is basically a rational effort to achieve social policy, namely the achievement of social welfare. and protection of the community (Kenedi, 2020).
Petter Hoefnagel provides an understanding that criminal policy is a combination of efforts to apply criminal law (criminal law application), prevention without using criminal law (prevention without punishment) and efforts to influence people's views on crime and punishment through the mass media (influencing views of society on crime and punishment) mass media (Mulyadi, 2008).
Several articles describe the application in law enforcement regarding trafficking crimes in Indonesia which is still not optimal. It is proven by the large number of reports that are presented both in print and electronically about trafficking cases. It is difficult for the perpetrators to get caught and in the end the rights of the victims are neglected (Daud & Sopoyono, 2019). The 104 development of criminal law has progressed quite rapidly, both in terms of theory as well as the role of its pragmatic functions, as the legal context is seen as incapable of adjusting to the demands of the situation. It takes a means of change (agent of change law as a tool of social engineering), or a means of development to regulate the changes in society (Nuraeny, 2011). Law has a social meaning besides the inherent normative juridical meaning. The social meaning of law can provide an overview of how the legal concept works in the community. Because the social meaning when compared to the basic rule of law is part of the supremacy of law principle which is considered good, fair, but the social meaning of the principle will be different if it is applied in reality. Because the context of reality will deal with justiciable who have different economic capacities (Suteki, 2013).
The rampant of the criminal practice of trafficking is motivated by economic factors, the victims are vulnerable to being ensnared because it is to fulfill their income and living income. It is not uncommon for victims to be willing to leave their places of origin and their families to work in other areas. Medan is a sending area for trafficking geographically bordering Singapore and Malaysia (Nuraeny, 2011). Likewise, it has two Seaports as shipping locations and an international airport so that it becomes a strategic city as a distributor and even as a container city job seekers. 105 information is that because the convict has died, the imprisonment is deemed to have been carried out and the payment of restitution cannot be carried out. However, different information from the convicted attorney has provided compensation for the heirs of the victim and also victim witnesses as each was given before the criminal verdict was read. (the debriefing from the Convict's Attorney; August 2020). Third

RESEARCH METHODS
This research is a normative study, using a statutory approach and a case approach. The statutory approach includes a legal concept approach from criminal policies that concerns the existing restitution payment rules (Suteki & Taufani, 2018). Furthermore, the case approach is by examining the three decisions of the Medan District Court and one trafficking case that has been handled at the Medan Police which has quite a lot of attention but has stopped at the stage of Conclusion drawing is carried out through an inductive to deductive thought process, which describes a logical procedure that begins with a special concept of thinking in trafficking problems and ends in a general conclusion (Suteki & Taufani, 2018).

1) The Concept of Criminal Law Policy in Fulfilling Restitution Payments
The object of this study is to see the extent of criminal policies in fulfilling the restitution rights of trafficking victims. The criminal policy is still strong enough to see that crime prevention is carried out through the approach to the application of criminal law through the components of the justice system as an important instrument. However, the concept of punishment in depriving the perpetrator of the right to freedom is considered a failure in reducing crime.
Restitution is the payment of compensation charged to the perpetrator based on a court decision which has permanent legal force for material and/or immaterial losses suffered by the victim or his heirs (Article 1 paragraph (15)  paragraph (1) and (2) Vol. 23, No. 1, (April, 2021), pp. 101-115. 111

2) The Implementation of Compensation Payments in
The Obstacles in the execution step in paying restitutions based on court decisions, was admitted by one of the LPSK deputy commissioners. A strict amendment to Law no. 21 of 2007 concerning the eradication of the crime of trafficking, in order to facilitate the application of decisions handed down by district courts for criminal cases of trafficking.
The failure to force the convict to fulfill demands for restitution was also due to the fact that the investigation process was not fulfilled in the amount of assets owned by the perpetrator himself.
Because not all traffickers are the ones who have the ability to fulfill the demands for restitution. So it requires a classification of the requirements of the suspect or perpetrator to be charged with the fulfillment of responsibility in asking for responsibility for paying the losses suffered by the victim.
According to the results of interviews with the investigator, before entering the investigation stage, the investigator will first question the wishes of the victim himself. If the impact experienced by the victim is not widespread and does not have a serious impact, it will be more humane to lead to a family-like approach as what the victim wants. However, if it is linked to the opinion of Jeremy Bantham, which provides space that the law should be able to provide benefit or happiness for all parties (Ali, 2012) the settlement is by 113 terminating the police report No. LP./114/SPKT/II/2014 with the suspect. Mohar, who was used as a comparison writer, became the point of recognition for Jeremy Bantham's legal concept. By expressing the hopes and wishes of the victim himself, it has reduced the value of the criminal responsibility of the suspect's body. The concept of restorative justice is put forward by the investigator, until finally the investigation process has stopped, which until now the progress of the filing has never reached the prosecution. (Proof of Police SP2HP) To provide certainty in the process of fulfilling restitution, as illustrated in the context of the position and function of legal policies even though it has provided room for the fulfillment of compensation to victims. However, the fact is that the legal decisions made are deemed incapable of providing legal certainty for the fulfillment of victims' rights

CONCLUSIONS
The concept of a criminal policy in fulfilling restitution payments, although it has regulated the concept of fulfillment for victims of trafficking, has yet to guarantee the certainty that restitution payments can be executed. Although it was there has a decision that has been upheld by the Medan District Court. However, until now, the payment execution for 3 (three) decisions has not been fulfilled.
New ideas are needed to ensure the implementation of compensation payments, so that the rights of victims of trafficking are fulfilled. As referring to the definition of restitution, it is the payment of losses borne by the perpetrator based on a court decision which has permanent legal force for the losses suffered by the victim or heir (Vide Article 1 point 15, Law No. 21 of 2007).