Reconstruction of Civil Liability for Victims of Human Trafficking

Abstract

Human trafficking constitutes a serious violation of human rights that causes physical, psychological, social, and economic harm to victims. Although Indonesian positive law has established criminal sanctions against perpetrators through Law Number 21 of 2007 concerning the Eradication of Human Trafficking, the aspect of civil liability aimed at restoring victims’ losses has not yet been implemented effectively. In practice, victims frequently encounter difficulties in obtaining compensation, restitution, and other forms of recovery due to inadequate legal regulations, weak enforcement mechanisms, and the lack of an integrated victim protection system. This study aims to analyze the effectiveness of the existing legal framework governing civil liability for victims of human trafficking and to formulate a legal reconstruction model that is more oriented toward the fulfillment of victims’ rights. The research employs a normative juridical method using statutory, conceptual, and comparative law approaches. The findings indicate that the current legal framework does not fully guarantee victims’ rights to compensation and restitution. Therefore, legal reconstruction is required through the strengthening of civil liability mechanisms, harmonization of legislation, expansion of access to compensation, and the development of a victim-oriented legal protection model. Such reconstruction is expected to promote legal certainty, justice, and legal utility for victims of human trafficking in Indonesia.