The Effectiveness of the Evidentiary System and the Protection of Victim-Witnesses in Criminal Procedure for the Prosecution of Human Trafficking Cases

Abstract

The Crime of Human Trafficking (TPPO) is a transnational crime that operates behind a veil of secrecy (a clandestine crime), making the evidentiary process the most crucial challenge in the criminal justice system. In the majority of cases, the victimwitness serves as the sole primary piece of evidence (the key witness) capable of revealing the modus operandi, the identity of the perpetrators, and the syndicate network. However, their position is highly vulnerable to threats, intimidation, and profound psychological trauma. The main issue raised in this article is the ineffectiveness of the traditional evidentiary system under the Indonesian Code of Criminal Procedure (KUHAP), which demands a rigid standard of material proof when confronted with a lack of physical evidence. The current system often fails to balance the need for legal truth with the human rights of victim-witnesses, resulting in the phenomenon of secondary victimization within the courtroom due to exploitative crossexamination. This study employs normative legal research (doctrinal legal research) by applying three primary approaches: the statutory approach, the conceptual approach, and the comparative law approach. The analysis focuses on synchronizing national legal instruments, namely Law Number 21 of 2007 on the Eradication of Human Trafficking, Law Number 8 of 1981 (the Code of Criminal Procedure/KUHAP), and Law Number 31 of 2014 on the Protection of Witnesses and Victims. The findings indicate that the current evidentiary system in criminal procedure remains formalistic and has not fully adopted a victim-oriented approach. The establishment of the Witness and Victim Protection Agency (LPSK) has not been accompanied by radical procedural reform within the courtroom, leaving victims frequently required to confront perpetrators in person. This study recommends reconstructing the regulatory framework to legitimize the use of virtual courtroom technology as an absolute right of victims, as well as implementing a shifting burden of proof concerning aspects of exploitation. These conclusions contribute to the development of Indonesia's criminal justice system based on the philosophy of Dignified Justice, under which the enforcement of the law must The Effectiveness of the Evidentiary System ... (Nur Puji Tri Wijayanti) The copyright of this document is owned by Faculty of Law UNISSULA and is protected by the law ║ 150 FACULTY OF LAW PROCEEDING OF INTERNATIONAL CONFERENCE ON THE LAW DEVELOPMENT FOR PUBLIC WELFARE ISSN: 2798-9313 LICS 2026 Topic: Strengthening Legal Frameworks for Combating Human Trafficking and Enhancing Protection of Women and Children never be achieved at the expense of the dignity and psychological well-being of victimwitnesses. Keyword: Criminal; Procedure; Prosecution Trafficking; Victim. 1. Introduction The Crime of Human Trafficking (TPPO) has become one of the most serious threats to human civilization in the twenty-first century. As a transnational organized crime, human trafficking exploits millions of women and children every year for enormous financial gain. The defining characteristics of this crime are its covert, systematic nature and its involvement of highly organized criminal networks. Because it operates in secrecy, this crime rarely leaves tangible physical evidence at the crime scene, unlike conventional crimes such as murder or theft. The absence of sufficient physical evidence places the criminal justice system in a position of heavy reliance on human testimony. In human trafficking cases, victim testimony often becomes the only evidence capable of reconstructing the chronology of the crime, from recruitment and transportation to the stage of exploitation.1 Victims are the key witnesses. Without coherent and courageous testimony from the victims, public prosecutors will face significant difficulty in preparing charges that are both solid and convincing to the court. However, relying on the testimony of trafficking victims is far from simple. Victims of human trafficking often suffer devastating psychological harm resulting from physical violence, unlawful confinement, sexual slavery, and death threats directed at their families in their hometowns. Acute trauma or Post-Traumatic Stress Disorder (PTSD) leaves them extremely vulnerable. Requiring them to speak and relive every detail of their suffering before law enforcement authorities is a process that demands the highest level of protection and caution. It is at this point that Indonesia's criminal justice system, guided by the 1981 Code of Criminal Procedure (KUHAP), faces its greatest challenge. KUHAP was designed with the philosophy of protecting the human rights of suspects and defendants to receive a fair trial. One manifestation of this principle is the defendant's right to confront witnesses who testify against them in court. However, when this philosophy is rigidly applied in human trafficking cases, it creates a situation 1 M. Yahya Harahap, Pembahasan Permasalahan dan Penerapan KUHAP: Penyidikan dan Penuntutan (Jakarta: Sinar Grafika, 2010), hlm. 289 The Effectiveness of the Evidentiary System ... (Nur Puji Tri Wijayanti) The copyright of this document is owned by Faculty of Law UNISSULA and is protected by the law ║ 151