Reconstruction of the State's Constitutional Responsibility (Parens Patriae) in Fulfilling the Recovery Rights of Women and Child Victims of Human Trafficking

Abstract

The Crime of Human Trafficking (TPPO) is an extraordinary form of crime that deprives individuals of their freedom and destroys the future of the most vulnerable groups, namely women and children. Although Indonesian positive law has accommodated victims' rights to restitution, its implementation in practice often reaches a dead end due to the absence of offenders' assets and the existence of substitute imprisonment provisions (subsidiary penalties). This study aims to critically examine the systemic failure in fulfilling victims' recovery rights and to formulate a legal reconstruction based on the Parens Patriae doctrine the state as protector/parent. This research Use normative legal research methods with statutory and conceptual approaches, The sources of legal materials in this research were collected through an extensive library research method, tracing academic literature, reputable journals, and regulatory documents. This study finds that the state has failed to translate its constitutional responsibility when victims are unable to receive restitution from perpetrators. The study recommends three reconstruction measures the absolute abolition of subsidiary imprisonment for restitution, strengthening integrated asset-tracing authority, and institutionalizing the doctrine of state subrogation through the establishment of a Victim Trust Fund. Through this form of state financial intervention, substantive justice can be realized, and the dignity of women and child victims of human trafficking can be fully restored.