Legal Protection for Child Victims of Human Trafficking: Harmonization of National Laws and International Instruments

Abstract

Children are the most vulnerable group to become victims of human trafficking, yet the legal protection framework in Indonesia is still scattered and not fully victim-oriented. This study aims to analyze the provisions for the protection of child victims of human trafficking in Indonesian positive law, assess its harmonization with international legal instruments, and formulate a model for strengthening victimcentered protection. The study uses a normative juridical method with a legislative, conceptual, and comparative legal approach, as well as a qualitative analysis of primary and secondary legal materials. The results show that although Indonesia has ratified the Convention on the Rights of the Child and the Palermo Protocol and has a Law on Trafficking in Persons and Child Protection, there are implementation gaps in the form of weak restitution, revictimization in the judicial process, the lack of clarity on the principle of non-criminalization of child victims, and weak inter-institutional coordination. Reconstruction of legal policy is needed that emphasizes the principle of the best interests of children, strengthens state restitution and compensation, and builds an integrated child-friendly justice system.