Reconstruction of the Legal Framework Governing Compensation Payments for Victims of Human Trafficking in Indonesia Anis Mashdurohatun1), Abdulrahman2), Indriana Masru’iyati Salma Izzah3), M Ali

Abstract

Human trafficking constitutes a grave violation of human rights that undermines human dignity and causes long-term physical, psychological, sexual, social, and economic harm to its victims. Although Indonesian Law Number 21 of 2007 concerning the Eradication of the Crime of Human Trafficking recognizes victims' rights to restitution, its implementation remains ineffective. Compensation payments are largely dependent on the offender's financial capacity, alternative funding mechanisms are unavailable when offenders are insolvent, enforcement of court-ordered restitution remains weak, and institutional coordination among law enforcement agencies and victim protection institutions is inadequate. Consequently, victims' rights to effective remedies and recovery have not been fully realized. This study aims to analyze the weaknesses of Indonesia's legal framework governing compensation payments for victims of human trafficking and to formulate a reconstructed regulatory model capable of ensuring legal certainty, justice, and legal protection. The research employs normative legal research using statutory, conceptual, comparative, and human rights approaches. Legal materials were analyzed qualitatively through library research involving national legislation, international legal instruments, judicial decisions, and scholarly doctrines. The findings reveal that the principal regulatory deficiencies include the absence of state guarantees for compensation when offenders are unable to pay restitution, the lack of mandatory deadlines for payment, ineffective enforcement mechanisms, and the absence of legal provisions addressing the responsibility of digital platforms and corporations benefiting from technology-facilitated trafficking. This study proposes a Reconstruction of the Legal Framework … (Anis Mashdurohatun, Abdulrahman, Indriana Masru’iyati Salma Izzah, M Ali Mansyur & Fareha) 18 LICS 2026 Topic: Strengthening Legal Frameworks for Combating Human Trafficking and Enhancing Protection of Women and Children reconstructed regulatory framework consisting of the establishment of a state-funded compensation mechanism recoverable through recourse against offenders, stronger asset confiscation mechanisms dedicated to victim restitution, an integrated restitution payment system coordinated by the Witness and Victim Protection Agency (LPSK), and enhanced interagency cooperation in enforcing judicial decisions. This reconstructed framework promotes a victim-oriented justice model consistent with restorative justice principles, human rights standards, and the State's obligation to guarantee effective remedies and comprehensive recovery for victims of human trafficking.