Analysis of the Study Between Victim Protection and Legal Certainty Regarding the Model of Evidence in Prosecuting Human Trafficking Crimes

Abstract

Human trafficking is a serious crime that constitutes a violation of human rights and causes extensive physical, psychological, social, and economic harm to victims. In criminal justice proceedings, evidentiary mechanisms play a crucial role in ensuring the successful prosecution of human trafficking offenders. However, the organized, transnational, and covert nature of human trafficking often creates a dilemma between victim protection and legal certainty. On the one hand, victims require evidentiary procedures that safeguard their rights, security, and dignity throughout the judicial process. On the other hand, the principles of due process of law and legal certainty require that evidence be assessed objectively, fairly, and in accordance with applicable legal standards. This study aims to analyze evidentiary models in the prosecution of human trafficking crimes, examine the balance between victim protection and legal certainty, and formulate an ideal evidentiary framework within the criminal justice system. The research employs a normative legal method using statutory, conceptual, case, and comparative approaches. Research data are obtained through library research involving legislation, court decisions, international legal instruments, academic literature, and studies related to human trafficking. The findings indicate that the existing evidentiary model continues to face significant challenges, particularly in protecting victims as key witnesses and in proving elements of exploitation. Therefore, it is necessary to strengthen evidentiary mechanisms that are victim-oriented while maintaining legal certainty and protecting the rights of the accused, thereby ensuring a fair and effective criminal justice process in human trafficking cases.