2. Through Civil Lawsuit
In addition to being entitled to file for restitution through a criminal mechanism, the victim also has the right to file his/her own lawsuit for losses suffered by using the form of an Unlawful Act lawsuit against the TIP perpetrator. In filing the a quo lawsuit, the TIP victim as the Plaintiff must of course wait first for the court decision that has decided the criminal case against the TIP perpetrator (Defendant) concerned.
Other Rights of Witnesses and Victims of TIP
In essence, the state must protect the rights of every individual. The rights of witnesses and victims of TIP in addition to restitution include procedural rights and service rights must also be given to witnesses and victims, including: revictimization, health rehabilitation, social rehabilitation, social reintegration, repatriation. In theory, there are 2 (two) models of protection of witnesses and victims namely the service model and the procedural rights.
The model of protecting witnesses and victims in the form of a service model, in this case, services to victims of TIP are made a specific target in the framework of investigation, investigation and other law enforcement activities. So it is necessary to create standard standards that can be used by law enforcement officials for the development of victims of crime and the provision of compensation as a restitutive criminal sanction.
Meanwhile, the procedural right protection model focuses on the possibility for TIP victims to be able to play an active role in the course of the judicial process. Victims as subjects must be given broad legal rights with the aim of demanding their interests. Thus, victims are placed as a third force in the criminal justice system.
The Law on the Eradication of TIP has regulated the rights of witnesses and/or victims of TIP, both in the service model and procedural rights, namely as follows:
- Article 18 regulates Revictimization, namely victims who commit criminal acts because they are forced by TIP perpetrators, cannot be criminalized;
- Article 27 stipulates that TIP perpetrators will lose their right to collect debts or other agreements against victims, if the debts or other agreements are used for exploitation;
- Article 33 stipulates that Reporters have the right to keep their names and addresses or other matters confidential if they provide the possibility of knowing the identity of the reporter;
- Article 34 regulates that the reporter's information can be provided remotely through audio-visual communication devices;
- Article 35 stipulates that Witnesses and/or victims have the right to be accompanied by advocates and/or other companions needed at all levels of examination;
- Article 36 regulates that Witnesses and/or victims have the right to obtain information related to the development of the case, in the form of providing copies of the minutes of each stage of the examination;
- Article 37 stipulates that Witnesses and/or victims can provide information in court without the presence of the defendant;
- Article 44 stipulates that Witnesses or victims or families of witnesses and victims up to the second degree who act as Reporters have the right to have their identities kept confidential;
- Articles 48 to 50 regulate the right to restitution;
- Articles 51 and 52 regulate the provision of health rehabilitation services, social rehabilitation, repatriation, and social reintegration organized by Social Protection Homes or Trauma Centers.
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