Transformation of the Legal Architecture of the Juvenile Justice System: Integrating Constitutional Rights and the Principle of the Best Interests of the Child for Child Victims of Human Trafficking
Abstract
Children are both a trust and the future of the nation, whose rights are fully guaranteed by the state constitution. Unfortunately, they remain vulnerable to becoming victims of transnational crimes such as the Crime of Human Trafficking (TPPO). The reality in the field shows that children who become victims of human trafficking often suffer double victimization: they are not only exploited by criminal networks but also frequently face a rigid justice system that is not yet fully childfriendly. The current legal architecture of Indonesia's juvenile justice system, although founded on the Juvenile Criminal Justice System Law (UU SPPA), still tends to focus more on children in conflict with the law as offenders, while the mechanisms for special protection and recovery for child victims of human trafficking remain fragmented and overlap with other legal instruments. This creates legal gaps that hinder the fulfillment of children's constitutional rights to grow, develop, and be free from all forms of violence and discrimination. This study employs normative legal research (doctrinal legal research). The approaches used are the statutory approach to examine the consistency and harmony among legal regulations, and the conceptual approach. This study proposes a transformative legal architecture design that directly integrates constitutional rights into the procedures for handling child victims of human trafficking. This transformation emphasizes a paradigm shift from retributive justice toward restorative and rehabilitative justice centered on the victim. The recommendations include harmonizing legislation, strengthening the role of integrated protection institutions (such as LPSK and KPAI), and creating specialized courtrooms that guarantee confidentiality, security, and the psychological recovery of children. Ultimately, this integration is expected to create a justice system that not only punishes perpetrators with a strong deterrent effect but also restores the dignity, honor, and future of child victims of human trafficking as mandated by the 1945 Constitution. Transformation of the Legal Architecture... (Munzaroh) The copyright of this document is owned by Faculty of Law UNISSULA and is protected by the law ║ 1047 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
Keywords
Human Rights, Legal Studies
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PDFDOI: http://dx.doi.org/10.30659/icls.v6i1.54151
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