Analysis from the Perspective of Victim Protection on the Effectiveness of Restitution Mechanisms for Victims of Human Trafficking

Abstract

Human trafficking is a form of transnational crime that constitutes a serious violation of human rights and human dignity. Victims of human trafficking suffer not only physical, psychological, social, and economic harm but also the deprivation of fundamental rights guaranteed by both national and international legal frameworks. One of the legal protection mechanisms available to victims is restitution, which aims to provide compensation for losses suffered by victims through the responsibility of offenders. Although restitution mechanisms have been regulated under various Indonesian laws and regulations, their implementation continues to face significant challenges, resulting in the inadequate fulfillment of victims' rights to recovery and redress. This situation raises concerns regarding the effectiveness of restitution mechanisms from a victim protection perspective. This study aims to analyze the effectiveness of restitution mechanisms for victims of human trafficking within the framework of victim protection, identify factors that hinder their implementation, and formulate a strengthened restitution model that is more responsive to the recovery of victims' rights. The research employs a normative juridical method using statutory, conceptual, case, and human rights approaches. Data were collected through library research involving legislation, court decisions, international legal instruments, and relevant academic literature. The data were analyzed qualitatively using descriptiveanalytical, evaluative, and prescriptive methods. The findings indicate that restitution mechanisms have provided a legal basis for the recovery of human trafficking victims; however, their practical effectiveness remains limited. Obstacles such as insufficient understanding among law enforcement officials, difficulties in proving victims' losses, the economic incapacity of offenders, and weak enforcement mechanisms for restitution orders constitute major barriers to the fulfillment of victims' rights. Therefore, policy reforms and institutional strengthening are necessary to ensure the effective implementation of restitution as an integral part of a victim-centered and human rights-based protection system. Analysis from the Perspective of Victim Protection... (Riki Subagja) The copyright of this document is owned by the Faculty of Law UNISSULA and is protected by the law ║438 Faculty of Law PROCEEDINGS OF INTERNATIONAL CONFERENCE ON THE LICS 2026LAW DEVELOPMENT FOR PUBLIC WELFARE ISSN: 2798-9313 Topic: Strengthening Legal Frameworks for Combating Human Trafficking and Enhancing Protection of Women and Children