Legal Protection for Women and Children as Victims of Human Trafficking in Indonesia with Restorative Justice in Criminal Procedure Reform towards a Pro Victima et Societatis System

Abstract

This study aims to conduct a normative analysis of the direction of restorative justice regulations in the reform of criminal procedure law in Indonesia and the concept of restorative justice regulations in the reform of criminal procedure law that can be aligned with the principles of criminal law oriented research is the existence of problems related to legal protection policies for women and children who are victims of human trafficking in Indonesia. This research is motivated by the fact that the criminal justice system in Indonesia is still dominated by a retributive paradigm but often fails to achieve substantive justice. The 2025 Criminal Procedure Code draft has explicitly regulated restorative justice, but the absence of considerations regarding social impact and public unrest indicates a potential shift towards proceduralism. Based on data from the Ministry of Foreign Affairs, it is known that there were 35 victims of human trafficking in 2010, while in 2011 and 2012, there were 33 people and 92 people, respectively. One of the policies made by the government regarding the above problems is Law Number 21 of 2007 concerning the Eradication of the Crime of Human Trafficking.