Analysis of the Study of Civil Liability of Human Trafficking Perpetrators Towards the Restoration of Victims' Rights in the Indonesian Legal System

Abstract

This study examines the civil liability of human trafficking perpetrators in relation to the restoration of victims' rights within the Indonesian legal system. The main focus of this research is to analyze how civil law mechanisms can serve as legal instruments for compensation, restitution, and the recovery of victims' rights in human trafficking cases, which have traditionally been addressed predominantly through criminal law approaches. This research employs a normative juridical method using statutory, conceptual, and case approaches. The data were collected through library research involving legislation, legal doctrines, court decisions, and relevant academic literature. The data were analyzed qualitatively using a descriptive-analytical method to assess the effectiveness of civil liability in providing victim remedies. The findings indicate that the civil liability of human trafficking perpetrators in Indonesia has not been optimally implemented in a comprehensive manner. Victim recovery still largely depends on criminal law mechanisms such as courtordered restitution, while independent civil lawsuits by victims remain rarely utilized. The main obstacles include limited access to justice for victims, the complexity of burden of evidence, and the lack of understanding among legal practitioners regarding civil liability mechanisms in human trafficking cases. The study concludes that strengthening civil liability mechanisms for human trafficking perpetrators is essential to broaden and enhance victim reparation in a more effective, fair, and sustainable manner within the Indonesian legal system.