Opportunities for Class Actions and NGO Legal Standing in Seeking Compensation for Victims of Human Trafficking

Abstract

The Crime of Human Trafficking (TPPO) is an organized and largescale crime that gravely degrades human dignity. In the current justice system, law enforcement often culminates only in the imprisonment of perpetrators (retributive justice), while the fulfillment of victims’ rights to financial compensation is frequently neglected. Litigation costs, extreme power imbalances, and the high risk of psychological trauma (revictimization) make it nearly impossible for vulnerable victims to pursue compensation individually through conventional civil courts. This study aims to examine the optimization of civil procedural law instruments, namely Class Actions and the Legal Standing of Non-Governmental Organizations (NGOs), as innovative forms of structural litigation in human trafficking cases. This research employs a normative (doctrinal) legal method using both a statutory approach and a conceptual approach. The findings indicate that Class Actions are highly relevant because they enable hundreds of victims to unite in a single collective lawsuit, overcome litigation cost barriers, protect victims from direct intimidation, and potentially dismantle the financial strength of trafficking syndicates through massive material compensation awards. On the other hand, Legal Standing provides NGOs with legal capacity to act as legal shields for victims who are mentally and socially incapacitated, with claims focused on public recovery and the establishment of a Victim Trust Fund. In conclusion, the synergistic use of Class Actions and NGO Legal Standing can transform the paradigm of addressing human trafficking into a collective litigation movement that not only restores victims’ economic rights and dignity but also effectively bankrupts criminal enterprises down to their roots.