Liability of Labor Supply Companies in Human Trafficking Cases from A Civil Law Perspective

Abstract

The Crime of Human Trafficking (TPPO) disguised as labor placement is one form of modern slavery that is highly detrimental to vulnerable groups. So far, law enforcement has tended to be dominated by criminal and administrative approaches that are oriented toward punishing offenders (offender-oriented). This approach often fails to execute restitution and neglects the full economic and psychological recovery of victims. This article aims to examine the effectiveness of civil law instruments in Indonesia as a last resort for demanding corporate liability from labor placement companies. Through a normative legal research method with statutory and conceptual approaches, this study shows that labor placement corporations can be charged using the construction of Unlawful Acts (Article 1365 of the Indonesian Civil Code) based on fatal negligence in protecting workers. Furthermore, corporations cannot escape responsibility for crimes committed by brokers or field agents due to the application of the doctrine of Vicarious Liability (Article 1367 of the Civil Code). The advantage of civil litigation lies in its ability to accommodate claims for immaterial damages for victims’ trauma, the execution of which can be secured from the outset through the instrument of conservatory attachment (Conservatoir Beslag) against company assets. In conclusion, the optimization of civil lawsuits is a revolutionary solution to impoverish rogue corporations, transform victims into active claimants, and realize dignified justice that genuinely restores victims’ rights.