Implementation of the Restorative Justice Approach in Handling Human Trafficking Cases Involving Children and Women Based on Pancasila Values

Abstract

The Crime of Human Trafficking (TPPO) constitutes a form of modern slavery that fundamentally violates human dignity by reducing women and children to mere economic commodities that can be exploited. The handling of this transnational crime in Indonesia, under the framework of Law Number 21 of 2007, is still dominated by the paradigm of retributive justice, which centers on inflicting suffering (imprisonment) upon offenders. A fundamental problem arises when this highly offenderoriented criminal justice system fails to provide space for the recovery of victims' psychological trauma and economic losses. This neglect of the recovery dimension not only perpetuates the suffering of women and children but also contradicts the essence of Restorative Justice, which should serve as the spirit of law enforcement to restore the cosmic balance within society. This study is a normative legal research (doctrinal legal research) that applies the statutory approach, conceptual approach, and philosophical approach. The analysis is conducted by examining Indonesia's positive legal regulations concerning the eradication of human trafficking and the protection of witnesses/victims, then synthesizing them with the global discourse on Restorative Justice. The findings confirm that implementing Restorative Justice in human trafficking cases does not mean disregarding the punishment of perpetrators of serious crimes; rather, it revolutionizes criminal procedure by adopting a victim-centered approach. Based on Pancasila values and the theory of Dignified Justice, restorative justice is realized through the state's absolute obligation to provide restitution, psychosocial rehabilitation, and social reintegration through the spirit of cross-institutional mutual cooperation (gotong royong). This study recommends the need to amend existing regulations to integrate victims' substantive recovery rights into the integrated justice system, thereby contributing theoretically to a paradigm shift in Indonesia's national criminal law that not only imposes firm punishment but also humanizes and comprehensively heals victims. Implementation of the Restorative Justice … (Dodik Hermawan) 443 LICS 2026 Topic: Strengthening Legal Frameworks for Combating Human Trafficking and Enhancing Protection of Women and Children