Civil Liability of Digital Platforms in Human Trafficking Cases in Indonesia

Abstract

The civil liability of digital platforms in human trafficking cases requires service providers to answer for negligence in maintaining the safety of their digital ecosystems. Platforms are no longer merely passive intermediaries; they bear a legal obligation—a duty of care—to prevent their services from being used as a means for exploitation and human trafficking. This study aims to analyze the civil liability of digital platforms regarding human trafficking in Indonesia. It employs an empirical-juridical research method, supported by both primary and secondary data. Preliminary findings indicate that the civil liability of digital platforms in human trafficking cases in Indonesia is grounded in the concept of Unlawful Acts (*Perbuatan Melawan Hukum* or PMH) and a failure to fulfill the duty of care (the principle of due diligence) incumbent upon Electronic System Providers (PSE). Although digital platforms are not the primary perpetrators of recruitment, they can be held liable for material and immaterial damages if proven negligent in providing a secure system that facilitated the commission of the crime. The forms of liability and compensation encompass both material and immaterial damages.