Analysis of the Study of Victims' Rights to Compensation and Restitution in Unlawful Acts in Human Trafficking Cases
DOI:
https://doi.org/10.30659/icls.v6i1.53982Keywords:
Compensation, Justice, Legal, Protection, Restitution.Abstract
Human trafficking is a serious crime that not only violates human rights but also causes physical, psychological, social, and economic harm to victims. From the perspective of victim protection, the right to compensation and restitution constitute essential mechanisms for restoring victims' conditions and promoting restorative justice. However, in practice, the implementation of victims' rights to compensation and restitution continues to face various normative and practical challenges, including weak enforcement mechanisms, offenders' inability to fulfill restitution obligations, and the limited role of the state in ensuring the realization of victims' rights. This study aims to analyze the legal framework governing victims' rights to compensation and restitution in human trafficking cases, evaluate the effectiveness of its implementation, and formulate a more responsive legal protection model that addresses victims' needs. The research employs a normative legal method with statutory, conceptual, and case approaches. Data are collected through library research involving legislation, court decisions, legal literature, academic journals, and international instruments related to the protection of trafficking victims. The findings reveal that although the rights to compensation and restitution have been recognized in various legal instruments, their implementation has not yet provided optimal protection for victims. Therefore, stronger regulatory frameworks, improved enforcement mechanisms, and enhanced state responsibility are necessary to ensure the effective and equitable fulfillment of victims' rights.References
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