Implementation of The Principle of Non - Criminalization for Children and Women Who Are Victims of Human Trafficking

Abstract

The Crime of Human Trafficking (TPPO) constitutes one of the most degrading violations of Human Rights (HR), in which women and children consistently occupy the most vulnerable positions to exploitation. Within the grip of human trafficking syndicates, victims are often coerced, threatened, or deceived into committing various unlawful acts, such as forging immigration documents, working in the illegal prostitution sector, or becoming drug couriers. Based on the principles of justice and human rights, individuals who are forced to commit crimes as a direct consequence of their status as victims of human trafficking must not be subjected to criminal punishment. This concept is known as the principle of non-criminalization, an internationally recognized pillar of protection that ensures states do not punish those who, in reality, require assistance and recovery. This study aims to analyze the implementation of the principle of non-criminalization for women and child victims of human trafficking in Indonesia, as well as to uncover the various obstacles that cause law enforcement officers to continue targeting the wrong individuals. This Research using a normative juridical research method with statutory and conceptual approaches, this study highlights how an overly rigid legalistic-positivistic legal paradigm and the lack of gender sensitivity frequently result in secondary victimization. The findings of this study affirm that the failure to implement the principle of non-criminalization stems from the weakness of victim identification mechanisms at the initial stage of investigation. The police and immigration authorities often act in a sectoral manner without involving multidisciplinary teams, causing victims' status to go undetected before judicial proceedings commence. This article recommends amending the Human Trafficking Law to incorporate an absolute and explicit non-criminalization clause, as well as developing cross-institutional Standard Operating Procedures (SOPs) for victim identification. Ultimately, the state is required to shift its law enforcement approach from one focused on blind punishment toward restorative justice centered on recovery, in order to ensure that victims of human trafficking are no longer punished for crimes forced upon them by organized trafficking syndicates.