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 a grave violation of Human Rights (HR) that strips individuals of their essential freedom and dignity, with women and children consistently being the groups most vulnerable to exploitation. In Indonesia, although the positive legal framework through Law Number 21 of 2007 mandates the fulfillment of the right to restitution, the reality of law enforcement remains trapped in a formalistic retributive justice paradigm. The current criminal justice system focuses more on imposing imprisonment on perpetrators while often neglecting the victims' economic and civil recovery, resulting in restitution frequently failing to be enforced due to the existence of substitute imprisonment provisions (subsidiary punishment). This failure demonstrates that legal instruments have not yet fully succeeded in humanizing people in accordance with the values of Dignified Justice. This study aims to analyze the juridical problems in fulfilling the right to restitution and to formulate a reconstruction of the legal norms governing the eradication of human trafficking based on Dignified Justice and restorative justice. This normative legal research (doctrinal research) employs a statutory approach, a conceptual approach, and a comparative approach. The findings emphasize the necessity of a fundamental shift from a retributive system to a restorative justice system centered on restoring the dignity of women and children. The reconstruction of legal norms is imperative through the elimination of subsidiary imprisonment loopholes in restitution, as well as the strengthening of asset tracing mechanisms and the application of vicarious liability to criminal corporations. By adopting progressive asset confiscation mechanisms from comparative jurisdictions, the right to restitution will no longer merely constitute an empty civil debt but rather an absolute obligation of both the state and perpetrators, enforceable in practice to ensure the protection of the human rights of trafficking victims. Juridical Analysis of The Human... (Yusuf Hamsyah) The copyright of this document is owned by Faculty of Law UNISSULA and is protected by the law ║ 1364 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