Legal Protection for Restitution (Compensation) In Child Trafficking Involving Children from the Children and Tribe in Merangin Regency

Abstract

This study examines the legal protection and mechanisms for restitution (compensation) in child trafficking cases involving indigenous children from the Suku Anak Dalam community in Merangin Regency, Jambi Province. Child trafficking targeting marginalized indigenous groups constitutes a severe violation of human rights, compounded by structural vulnerabilities such as extreme poverty, ecological displacement, and a lack of formal civil registration documents (civil death). Employing a socio-legal research method combining normative statutory analysis with sociological approaches, this research reveals that the implementation of restitution rights faces critical procedural deadlocks, including stringent formal evidentiary rules, cultural gaps, and the inadequacy of the criminal justice system in accommodating unassimilated nomadic communities. The findings indicate that bridging this enforcement gap requires proactive prosecutorial advocacy, integrated inter-agency cooperation with the Witness and Victim Protection Agency (LPSK), judicial discretion utilizing principles of equity, and the synchronization of modern criminal sanctions with local customary principles. Ultimately, this study argues for the implementation of affirmative action policies within the criminal justice framework to ensure that indigenous children receive substantive remedial justice and effective restitution without being obstructed by rigid procedural formalities.