Reconstruction of Human Rights-Based Recovery Policy for Victims of Human Trafficking from a Restorative Justice Perspective

Abstract

This study aims to analyze and reconstruct the recovery policy for human trafficking victims to be based on human rights and the principles of restorative justice through a victim-centered approach. The applicable legal framework still tends to be oriented towards punishing the perpetrator (offender-oriented), while the fulfillment of victims' rights to restitution, rehabilitation, and social reintegration is not optimal. The approach used is a normative juridical approach supported by a legislative, conceptual, and comparative approach, by examining Law No. 21 of 2007, Law No. 31 of 2014, Government Regulation No. 35 of 2020, Law No. 39 of 1999, and the Palermo Protocol of 2000 (Law No. 14 of 2009). Based on the results of the study, it can be concluded that the recovery policy needs to be reconstructed by placing the victim as the main subject of protection, combining guarantees of restitution payments, holistic rehabilitation, and sustainable social reintegration, in line with the objectives of sharia (maqasid al-syariah) in preserving the soul, honor, and dignity of humans.