ANALISIS YURIDIS RESTITUSI DALAM PERLINDUNGAN ANAK DITINJAU DARI ASAS PERADILAN CEPAT, SEDERHANA, DAN BIAYA RINGAN (ANALISIS PUTUSAN NOMOR 359/PID.SUS/2020/PN.CBI)

Court Decision Number 359/Pid.Sus/2020/PN. Cbi regarding the crime of human trafficking raises legal issues, because the Panel of Judges refuse the victim the right to restitution. This has implications for legal protection for victims who should receive compensation for the suffering they have experienced. The failure to provide restitution can lead to a violation of the principle of a fast, simple, and low-cost trial, because victims must take additional legal effort to obtain their rights. This paper aims to determine and analyze the legal implications of the in casu court decision in human trafficking case where the judge sentenced the perpetrator without granting the right to restitution to the child victim and how the in casu court decision contradicts the principal of a fast, simple, and low-cost trial. This study uses a normative juridical method with a technique of collecting materials thorugh literature study. The approach used in this study is the case approach and the legal principle/principle approach.
The conclusion and suggestion of this paper is that the indecisiveness in the application of the right to restitution can harm victims and contradict the principle of justice. Therefore, judges should accommodate the right to restitutions in every decision related to human trafficking without hindering the principle of fast, simple, and low-cost justice. With clearer regulations regarding the restitution mechanism, victims can obtain their rights effectively without having to go through additional burdensome legal processes.