Vol. 6, Issue 3 (2020)
Misleading concept of implementation of restorative justice in the case child trafficking who put parents as perpetrators
Author(s): Fitria Rachmawati, Widodo Tresno Novianto, Muhammad Rustamaji
Abstract: This research is a normative or doctrinal law study that examines the misleading of restorative justice concepts in the case of trafficking criminal acts. The case of human trafficking is the spotlight, both in the international and national, women and children tend to be victims of a large amount of the case. Child trafficking cases often place parents as perpetrators, relating to the case of eradication of the trafficking of people in Indonesia through the criminal justice system. The fact in the law enforcement society by using the criminal justice system is judged to not have run to the fullest, this can be seen from the many cases for the problem of trafficking of children who do not touch on the core of the case. The description thus gave explanation to the concept of restorative justice in the return of children trafficking victims by their biological parents in the pretext of parents have a duty to the children who are very much. The concept is judged more effectively because it focuses on recovery efforts, not retaliation. In fact, from the restorative justice effort there is a gap to the occurrence of a similar criminal act (recidiv), because it puts victims and perpetrators in the same situation and conditions. Thus, the concept of restorative justice in the return of child trafficking victims of people who are done by their biological parents experiencing ketersesatan thought/misleading, it puts law enforcement in the form of criminal sanctions to cause a deterrent effect is judged most effectively.