Legal Protection for Child and Women Victims of Human Trafficking (TIP) Through A Socio-Legal Analysis of The Fulfillment of The Right to Just Restitution

Abstract

The Crime of Human Trafficking (TIP) is a manifestation of modern slavery that systematically destroys human dignity and individual autonomy, with women and children constituting the most dominant groups of victims. Although Law Number 21 of 2007 on the Eradication of Human Trafficking mandates the provision of restitution (compensation) as a form of legal protection and economic recovery for victims, the reality of law enforcement reveals a tragic anomaly. This abstract highlights the crucial issue that the right to restitution for women and child victims often remains nothing more than an illusion on the pages of court decisions. The failure to enforce restitution stems from the perpetrators' ability to conceal assets derived from criminal activities, as well as a judicial culture that remains trapped in a retributive paradigm by allowing an alternative of substitute imprisonment (subsidiary sentence) whenever offenders claim they are unable to pay. This research employs a socio-legal method that combines juridical-normative analysis with sociological realities in practice. A statutory approach is used to examine normative gaps within the Human Trafficking Law and the Witness and Victim Protection Law, while a sociological approach is applied to analyze obstacles in asset tracing and the execution of court decisions by the Prosecutor's Office and the Witness and Victim Protection Agency (LPSK). The findings conclude that the current restitution mechanism fails to realize substantive justice because the legal system is not equipped with aggressive asset forfeiture instruments from the earliest stages of criminal investigation. Furthermore, the absence of a state compensation fund causes victims to suffer double losses when perpetrators are declared bankrupt or serve substitute imprisonment. This study recommends reconstructing the legal framework by eliminating the option of substitute imprisonment, strengthening the authority to seize assets across jurisdictions, and establishing a Victim Assistance Fund as tangible evidence of the state's Legal Protection for Child and ……………………. (I Wayan Laba) 1 LICS 2026 Topic: Strengthening Legal Frameworks for Combating Human Trafficking and Enhancing Protection of Women and Children commitment to restoring the dignity and humanity of women and child victims of human trafficking.