Juridical Analysis of The Human Rights Framework in Fulfilling the Right to Restitution for Women and Child Victims of Human Trafficking in Indonesia

Abstract

The Crime of Human Trafficking (TPPO) constitutes an extraordinary crime and a form of modern slavery that massively violates Human Rights (HR), with women and children occupying vulnerable positions as the primary targets of exploitation. Amid the physical, psychological, and economic suffering experienced by victims, both international and national law have mandated recovery mechanisms through the right to restitution, namely compensation imposed on perpetrators of crime. Unfortunately, the fulfillment of the right to restitution within Indonesia's criminal justice system continues to face a deadlock due to legal loopholes and the limited victim-recovery perspective among law enforcement officials. This article provides an in-depth juridical analysis of the human rights framework for fulfilling the right to restitution, critically highlighting why this well-intentioned legal instrument often fails to be enforced in practice, and how human trafficking syndicates exploit these weaknesses to evade their financial responsibility toward victims. This research employs a normative legal (juridical normative) method based on statutory analysis, a conceptual human rights approach, and the study of court decisions to trace the root causes behind the stagnation of restitution fulfillment. The analysis reveals that the most fundamental weakness stems from the provisions of Law Number 21 of 2007, which allow perpetrators to substitute their obligation to pay restitution with imprisonment. As a form of resolution, this study proposes urgent legal reforms that should be implemented immediately to safeguard the future of women and child victims of human trafficking. Regulatory reform is needed to abolish or tighten the provisions allowing subsidiary imprisonment in lieu of restitution, while also promoting the optimization of asset seizure from perpetrators at the earliest stages of criminal proceedings. Furthermore, this article recommends the establishment of a Victim Trust Fund by the state, a scheme under which the state assumes responsibility for paying Juridical Analysis of The Human Rights... (M. Gafur Aditya H Siregar) The copyright of this document is owned by Faculty of Law UNISSULA and is protected by the law ║ 995 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 victims' restitution using proceeds confiscated from criminal activities when perpetrators are proven unable to pay. Without systemic reform that shifts the justice system from a punitive approach to a restorative one, the aspiration of protecting the human rights of trafficking victims in Indonesia will remain nothing more than rhetoric without tangible realization.