Reconstruction of an Integrated Criminal Justice System Oriented Toward Restorative Justice for Women Victims of Human Trafficking

Abstract

The Crime of Human Trafficking (TPPO) is a manifestation of modern organized transnational crime that existentially exploits the most fundamental human rights, with women consistently occupying the most vulnerable victim group. The complexity of this crime is driven by structural gaps, systemic poverty, and limited access to justice, which the state has responded to through the operation of the Integrated Criminal Justice System (SPPT). However, law enforcement practices within the contemporary SPPT remain trapped in a retributive-punitive logic that is highly offender-oriented, causing case handling to frequently neglect the restoration of victims’ rights and instead create secondary trauma for women trapped within this cycle of exploitation. This research use to examine and analyze in depth the paradigmatic weaknesses of current criminal law enforcement and to formulate a blueprint for reconstructing the SPPT based on the values of restorative justice and the Theory of Dignified Justice. The research method applied is normative legal research using both a statutory approach and a conceptual approach. Primary legal materials focus on the 1945 Constitution of the Republic of Indonesia, Law No. 21 of 2007 concerning the Eradication of Human Trafficking Crimes, and various internal regulations of law enforcement institutions related to the implementation of restorative justice within the criminal justice system. The findings conclude that reconstruction of the SPPT must be carried out through simultaneous reform of three systemic legal elements: legal substance through strengthening restitution rights and guarantees against victim criminalization; legal structure through the integration of a one-stop case management system among the Police, Prosecutor’s Office, Courts, and the Witness and Victim Protection Agency (LPSK); and legal culture through transforming the perspective of law enforcement officers from a retributive orientation to an emotionally empathetic one. The ideal future SPPT model must position the restoration of the physical, psychological, and social conditions of women victims of human trafficking as the primary indicator of successful law enforcement. This reconstruction will not only provide progressive legal protection but also restore the dignity and humanity of victims in accordance with the identity of Pancasila law.