Legal Literacy- This article discusses restitution or compensation given to victims or heirs of victims of trafficking in persons (TIP) based on Law Number 21 of 2007 concerning the Eradication of TIP. Article 48 of the TIP Eradication Law explains that victims or their heirs are entitled to restitution in the form of compensation for loss of property or income, suffering, medical and/or psychological treatment costs, and other losses suffered by the victim as a result of TIP. This article also discusses the mechanisms for obtaining restitution rights, namely through criminal charges and civil lawsuits. In addition to restitution, this article also discusses other rights that must be granted to witnesses and victims of TIP, such as revictimization, health rehabilitation, social rehabilitation, social reintegration, and repatriation.

Restitution (Compensation)

Law Number 21 of 2007 concerning the Eradication of Trafficking in Persons (TIP) regulates the importance of protecting witnesses and/or victims. One form of protection witnesses and/or victims referred to is that victims or heirs of victims are entitled to restitution from the perpetrator as compensation for the suffering that the victim has suffered. This is affirmed in Article 1 number 13 of Law Number 21 of 2007 concerning the Eradication of TIP that restitution is the payment of compensation charged to the perpetrator based on a decision that has permanent legal force (incracht) for material and/or immaterial losses suffered by the victim or their heirs.

Then in Article 48 of the TIP Eradication Law, it is explained that victims or their heirs are entitled to restitution, in the form of compensation for: (1) Loss of property or income; (2) Suffering; (3) Costs for medical and/or psychological treatment; and/or (4) Other losses suffered by the victim as a result of trafficking in persons. Other losses referred to are such as loss of property, income as promised by the perpetrator, transportation costs, lawyer fees or other costs related to the legal process.