Jakarta (ANTARA) - Deputy Law Minister Edward Omar Sharif Hiariej has said that the Draft Criminal Procedure Code (RKUHAP), currently being discussed by the House of Representatives (DPR), includes a provision for an endowment fund for human trafficking victims.

He explained that the purpose of the endowment fund is to provide compensation and rehabilitation from the state to victims of human trafficking.

“The endowment fund for victims can be sourced from the State Budget (APBN), or from provincial governments,” Hiariej said during a public discussion on the World Day Against Trafficking in Persons here on Thursday.

He said that human trafficking cases involve a restitutio restitutae dimension, which means recovery or restoration of victims’ rights, especially through restitution or payment of financial compensation to victims.

Thus, he said, restoring those rights must be carried out through rehabilitation and restorative approaches.

However, he stressed that the concept of restorative action here is not aimed at reconciling the victim and the perpetrator, as human trafficking must not be tolerated. Rather, the aim is to restore either the victim or perpetrator to their original circumstances.

In the context of restorative justice, he explained, there are mechanisms for both restitution and compensation. Restitution is the responsibility of the human trafficking perpetrator, while compensation falls under the state’s responsibility.

He pointed out that the perpetrators of human trafficking or sexual violence are not always individuals with significant assets that can be seized for restitution.

In such cases, he said, the state must not remain passive, adding that the government is obligated to provide compensation to victims.

“There is (a provision on) compensation, which has also been adopted in the Sexual Violence Crimes Law (UU TPKS), and now, we are adopting the same in the RKUHAP with the provision of an endowment fund for victims,” he said.





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