Legal Reconstruction of Restitution Fulfillment for Women and Child Victims of Online Human Trafficking

Abstract

The Crime of Trafficking in Persons (TPPO) has undergone a radical transformation in the digital era, shifting from conventional physical recruitment to highly organized, borderless online operations. This digital migration has created a massive and unprecedented threat, disproportionately targeting women and children who are sociologically and economically vulnerable to cyber-manipulation and online grooming. Despite the severe multidimensional impact of these exploitations, the current law enforcement paradigm in Indonesia remains heavily entrenched in a retributive justice framework. Consequently, the criminal justice system frequently succeeds in penalizing the perpetrators physically but systematically fails to restore the fundamental economic rights of the victims, particularly through the mechanism of restitution. This study aims to critically dissect the systemic and normative weaknesses within the current criminal justice system and to formulate a comprehensive legal reconstruction for fulfilling restitution for victims of online human trafficking. This Research use Employing a normative legal research method utilizing statutory, conceptual, and victimological approaches, this research analyzes the existing legal framework governing human trafficking and victim protection. The findings indicate that the chronic failure to execute restitution is primarily driven by critical legal loopholes.   the proposed legal reconstruction advocates for a radical paradigm shift. It includes the absolute elimination of substitute imprisonment penalties for syndicate actors and corporations, ensuring restitution functions as a coercive, non-negotiable obligation. Furthermore, it urges the institutionalization of mandatory, early-stage digital asset tracing concurrent with the initial investigation, the imposition of strict criminal liability and fines on digital platforms, and the establishment of an independent Victim Trust Fund financed by confiscated syndicate assets. Ultimately, this policy reconstruction represents the highest manifestation of Restorative Justice and the theory of Dignified Justice, shifting the legal focus from mere offender punishment to corporate impoverishment, thereby placing the recovery, dignity, and future of women and children at the absolute epicenter of law enforcement.