Challenges in The Enforcement of Human Rights in Mitigating the Exploitation of Children and Women: A Comparative Study of Victim Protection Systems in Human Trafficking Cases

Abstract

The Crime of Human Trafficking (TPPO) constitutes one of the gravest violations of Human Rights (HR), with women and children being the most vulnerable groups. Although Indonesia already has an adequate legal framework through Law Number 21 of 2007, the enforcement of human rights in mitigating this exploitation continues to clash with realities on the ground. The gap between legal regulations (das sollen) and law enforcement practices (das sein) often triggers secondary victimization for survivors. This study aims to uncover the systemic and cultural obstacles to human rights enforcement in human trafficking cases and to examine the effectiveness of victim protection through a comparative study with countries in Southeast Asia. This research employs a normative legal (juridical-normative) method using the statute approach, conceptual approach, and comparative approach. The analysis is based on primary legal materials consisting of national legislation and international instruments, as well as secondary legal materials from relevant literature. The comparative study focuses on victim protection legal systems in the Philippines and Thailand to identify regulatory strengths that can be adapted. The findings indicate that the primary challenges to human rights enforcement in Indonesia include the weak implementation of restitution rights, which are often substituted with imprisonment, the tendency of law enforcement officers to continue using a retributive paradigm, and weak early victim identification that may lead to the criminalization of victims. By comparison, Thailand excels through its cross-agency victim identification approach (multidisciplinary teams), while the Philippines has a state-funded Victims Compensation Fund that ensures victims receive financial compensation even when perpetrators fail to pay restitution. This study recommends a shift toward victimcentered restorative justice, cross-institutional synchronization, and the establishment Challenges in The Enforcement of Human... (Suriyo Thasrun) The copyright of this document is owned by Faculty of Law UNISSULA and is protected by the law ║ 1472 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 of a Victim Assistance Fund so that the mitigation of exploitation can be carried out in a holistic and dignified manner.