Procedural Law Breakthroughs in Facilitating Access to Justice and Evidence for Women Victims of Exploitation

Abstract

The exploitation of women within the framework of the Crime of Human Trafficking (TPPO) often leaves restitution rights unfulfilled through criminal justice mechanisms, thereby encouraging advocacy efforts to shift toward civil lawsuits (Tort/Unlawful Acts). However, these efforts are hindered by the rigidity of classical Civil Procedural Law (HIR/RBg), which prioritizes documentary evidence and the principle of actori incumbit probatio, greatly disadvantaging victims who lack administrative documents. This study aims to examine the urgency and implementation of modern civil procedural law innovations to ensure access to justice and compensation recovery for women victims of exploitation. This Research Using a normative legal research method with a statutory approach and a conceptual approach, the findings indicate that litigation deadlock can be overcome through three major breakthroughs. First, expanding the recognition of electronic evidence under the Electronic Information and Transactions Law (ITE Law) to legitimize digital records as valid evidence equivalent to paper documents. Second, implementing a shifting burden of proof by progressive judges to balance the unequal power relations between victims and labor recruitment corporations. Third, optimizing online court systems (e-litigation) and remote hearings (teleconferencing) to reduce litigation costs and protect victims from the threat of revictimization. This study concludes that comprehensive modernization of civil justice instruments is essential to dismantle the immunity of exploitation syndicates, restore victims’ financial rights, and realize dignified justice.