Mechanism for Obtaining Restitution Rights

1. Through Criminal Charges

Restitution can be filed since the victim reports the case to the Police. This is in accordance with the explanation of Article 48 paragraph (1) of the TIP Eradication Law which explains that the submission of restitution is carried out since the victim reports the case he/she experienced to the local Indonesian National Police and is handled by the Investigator together with the handling of the crime committed. The application for restitution at the investigation level by the victim of the act trafficking in persons must be included in the Minutes of Examination of Witnesses and/or Victims so that the restitution claim can be accepted by the judge of the court who examines and decides the case.

Furthermore, the Public Prosecutor must notify the victim of his/her right to file for restitution and make a criminal indictment (requisitoir) which mentions the amount of loss suffered by the victim as a result of TIP. This has been regulated in the Technical Instructions of the Junior Attorney General for General Crimes Number: 3718/E/EJP/11/2012 dated November 28, 2012 Regarding Restitution in TIP Cases, which basically states that the Public Prosecutor handling the case TIP must notify the victim of his/her right to file for restitution in the form of compensation for: loss of property or income, suffering, costs for medical treatment and other losses suffered by TIP victims and simultaneously convey the amount of losses suffered by the victim in his/her demands, which restitution is also included by the Judge in his/her verdict,