Reconstruction of Regulations on the Fulfillment of State Obligations in the Payment of Restitution to Child Trafficking Victims

Abstract

Child trafficking is an extraordinary crime that destroys the future of the nation's next generation and violates the most fundamental human rights. Although Law No. 21 of 2007 on the Eradication of the Criminal Act of Human Trafficking (Anti-Human Trafficking Law) mandates the right to restitution for victims, its implementation in practice remains deeply concerning due to its dependence on the offender's financial capacity. In practice, when offenders have no assets or abscond, victims' right to restitution is often neglected, creating concealed impunity and reflecting the failure of the justice system to provide meaningful recovery for victims. This study aims to analyze the normative gap in the restitution enforcement mechanism and propose a regulatory reconstruction that positions the state as a subsidiarily responsible party in fulfilling restitution for child trafficking victims. Using a normative legal research method, this article examines various legal obstacles in the enforcement of restitution and reviews the theory of state responsibility in child protection. The analysis focuses on the need for a paradigm shift from offender-based restitution toward the concept of state-guaranteed restitution. The findings indicate the need for legislative policy reform requiring the state to advance restitution payments when offenders are unable to pay or cannot be located, with such payments administered through a victim trust fund. This regulatory reconstruction is intended not only to fulfill victims' civil rights but also to serve as a manifestation of the state's constitutional responsibility to protect children from exploitation. The implementation of this policy is expected to become a progressive step toward creating a more comprehensive, humane child protection system that guarantees recovery for every child trafficking victim in Indonesia.