The Effectiveness of Law Enforcement in Fulfilling the Rights to Restitution and Compensation for Victims of Human Trafficking

Abstract

Trafficking in Persons (TIP) constitutes a human rights violation that inflicts physical, psychological, social, and economic harm upon victims. Consequently, beyond imposing criminal sanctions on perpetrators, the criminal justice system must ensure the fulfillment of victims' rights through restitution and compensation mechanisms. This study aims to analyze the effectiveness of law enforcement regarding the fulfillment of restitution and compensation rights for TIP victims in Indonesia, as well as to identify various obstacles and strategies for optimization. The research employs a normative legal method utilizing a library research approach, analyzing relevant legislation, literature, court rulings, and legal doctrines. The findings indicate that Indonesia possesses an adequate legal framework comprising Law No. 21 of 2007 on the Eradication of the Crime of Trafficking in Persons, Law No. 31 of 2014 on Witness and Victim Protection, and Supreme Court Regulation No. 1 of 2022 (Undang-Undang Nomor 21 Tahun 2007; Undang-Undang Nomor 31 Tahun 2014). However, the effectiveness of fulfilling restitution and compensation rights remains suboptimal due to weak mechanisms for enforcing judgments, suboptimal coordination among law enforcement agencies, difficulties in proving victim losses, perpetrators' limited financial capacity to pay restitution, and a legal culture still oriented toward punishing offenders. Therefore, it is necessary to strengthen regulations, optimize the role of the Witness and Victim Protection Agency (LPSK), enhance inter-agency coordination, and reinforce a law enforcement paradigm focused on the protection and restoration of victims' rights to achieve more effective and equitable justice.