Optimization Efforts for The Protection of Children's Human Rights in The Crime of Human Trafficking in Indonesia

Abstract

Children are both a gift and the future successors of the nation who possess fundamental rights to live, grow, and develop naturally without the threat of violence. However, the reality on the ground shows a high incidence of human trafficking crimes that target children as the primary victims of labor exploitation and violations of their dignity. This crime is not merely an ordinary legal violation but a modern form of slavery that clearly deprives children of their human rights and destroys their future. This situation is exacerbated by law enforcement that often focuses solely on imposing prison sentences on lower-level perpetrators, while efforts to restore the losses suffered by child victims are frequently neglected. This study aims to uncover the weaknesses in the current legal framework and formulate improvements to ensure that children receive comprehensive protection. This research employs legal research focusing on the examination of legal norms, principles, and written laws applicable in Indonesia. The approaches used include statutory and conceptual approaches. The primary legal materials analyzed include the 1945 Constitution of the Republic of Indonesia, Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 on Child Protection, and Law Number 21 of 2007 on the Eradication of the Crime of Human Trafficking. Through statutory and conceptual analysis, this study proposes legal reforms that prioritize restorative justice. The proposed reforms include abolishing provisions allowing substitute imprisonment in lieu of compensation, thereby requiring perpetrators to compensate child victims without exception. In addition, the state is encouraged to establish a special guarantee fund to finance children's educational and healthcare needs if perpetrators are proven to have no assets. With these legal improvements, the protection of children's human rights is expected to become not merely words on paper but a tangible manifestation of the state's commitment to safeguarding the nation's future generations.