Strengthening The Prosecution Policy for The Criminal Acts of Human Trafficking Based on The Protection of Victims' Rights in Indonesia: Towards A Victim-Centered Prosecution Model (Victim-Centered Prosecution Model)
Abstract
Human trafficking is a serious transnational crime that violates human rights and causes multidimensional suffering for victims, including physical, psychological, social, and economic harm. Although Indonesia has enacted Law Number 21 of 2007 concerning the Eradication of Human Trafficking, prosecution practices still tend to be offender-oriented, emphasizing punishment of the perpetrator rather than fulfilling the rights and rehabilitation of the victim. As a result, the implementation of restitution, rehabilitation, compensation, and long-term social reintegration for victims has not been optimal. This study aims to analyze the prosecution policy for human trafficking from the perspective of protecting victims' rights and to formulate a victim-centered prosecution model as a framework for strengthening prosecution policy in Indonesia. The research uses a normative juridical method with a statutory approach, a conceptual approach, and a case approach through analysis of statutory regulations, court decisions, prosecution guidelines, and relevant scientific literature. The research findings indicate that current prosecution policies have not fully integrated victim protection principles into the prosecution decision-making process. Prosecution performance is still measured by conviction rates rather than victim recovery rates. This study proposes a new framework called the Victim-Centered Prosecution Model (VCPM), which integrates restorative justice principles, restitution obligations, interagency coordination mechanisms, and victim recovery indicators into prosecution strategies. This study argues that strengthening prosecution policies through the implementation of the VCPM can increase legal certainty, strengthen victim protection, and create a fairer and more responsive criminal justice system in addressing human trafficking in Indonesia. The proposed model also has policy implications for developing Strengthening The Prosecution Policy for... (Pudiastuti Citra Adi) The copyright of this document is owned by Faculty of Law UNISSULA and is protected by the law ║ 1201 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 countries facing similar challenges in balancing perpetrator accountability and victim recovery in the prosecution process for human trafficking crimes.
Keywords
Human Rights, Legal Studies
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PDFDOI: http://dx.doi.org/10.30659/icls.v6i1.54205
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