The Reconstruction of Legal Protection Regulations for Victims of Human Trafficking Criminal Acts in Transnational Area Based On The Values of Justice

  • Darfiah Darfiah Law Doctoral Program, Faculty of Law, Unissula, Indonesia
  • Anis Mashdurohatun Law Doctoral Program, Faculty of Law, Unissula, Indonesia
  • Jawade Hafidz Law Doctoral Program, Faculty of Law, Unissula, Indonesia
  • Isnawati Isnawati Law Doctoral Program, Faculty of Law, Unissula, Indonesia
Keywords: Reconstruction; Regulation; Action Crime; Human Trafficking

Abstract

Action criminal human trafficking in general, namely in the form of violation dignity and honor basic man human in the form of treatment cruel, and even treatment similar slavery. Research Objectives This is The problem in study are: 1) to analyze and find regulation protection law against victims of crime criminal human trafficking in transnational areas Not yet based on mark justice; 2) to analyze and find weaknesses regulation protection law against victims of crime criminal human trafficking in transnational areas moment this; 3) for reconstruction regulation protection law against victims of crime criminal human trafficking in transnational areas based on mark justice. The research uses a constructivism paradigm, socio-legal approach, and descriptive type, with secondary data (primary, secondary, tertiary legal materials), literature based data collection, and qualitative analysis. Study results research are: 1) Legal protection for victims of transnational human trafficking is not yet based on justice, as laws define trafficking as a crime with sanctions but provide no direct protection for victims; 2) The weaknesses of legal protection for victims of transnational human trafficking include: legal substance, protection is limited to compensation without addressing other forms of legal safeguards; legal structure, authorities and government haven’t seriously enforced protections; legal culture, victims often neglect to act, fearing serious consequences, while control bodies remain weak and hesitant to oppose violations; 3) The reconstruction of legal protection regulations for victims of transnational human trafficking shifts from unjust to justice-based, ensuring fairer protection. It involves reconstructing values and norms in Law No. 21 of 2007 (Article 47) and Ministerial Regulation No. 8 of 2021 (Article 3(1)) to better safeguard victims' rights.

References

BIBLIOGRAPHY

Magazine / Journal Scientific:

Glenn Ch, “Legal Protection for Crime Victims trading women”. Lex Crimen Journal, Vol. IV, No.7, 2015.

Hidayati, Maslihati N. Eradication and Prevention Efforts Human Trafficking Through International Law and Positive Law of Indonesia, Pranata Social Vol. 1 No. 3, March 2012.

Mahfud, Rizanizarli, Mukhlis, Tarmizi, Ainal Hadi, " Fulfillment of the Rights of Male Prisoners in Banda Aceh Penitentiary ", Kanun Jurnal Legal Science, No. 64, Year XVI (December, 2014).

Maria Efita Ayu and Sherly Ayuna Putri, Trafficking of Women and Children and act Criminal Corruption as Crime Transnational Organized Based on Palermo Convention, Bina Mulia Law Journal Vol.

Mustafid, Fuad, “Human Trafficking in the Perspective of Human Rights and Islamic Legal Philosophy,” Journal Islamic Legal Thought, Volume 29 Number 1, 2019.

Ni Putu Rai Yuliartini and Dewa Gede Sudika Mangku. Legal Protection for Women Victims of Trafficking in Indonesia in an International Human Rights Perpective, International Journal of Criminology and Sociology, Vol. 9, 2020.

Penny Naluria Utami, Handling case act criminal human trafficking by the government East Nusa Tenggara Province, Human Rights Journal, 10.2 (2019),

Syamsuddin, Forms Trading Humans and Psychosocial Problems of Victims, Sosio Informa Vol. 6 No. 01, January-April 2020.

Tri Wahyu Widiastuti, ' Prevention Efforts' Action Criminal Human Trafficking ', Legal Discourse, 9.1 (2014).

Book:

Dictionary Compilation Team, Center for Language Development and Fostering, 1991, Big Indonesian Dictionary, 1st Edition Second, 1st printing, Balai Pustaka, Jakarta.

Ediwarman, 2010, Monograph, Methodology Legal Research, Medan: Program Postgraduate Program of Muhammadiyah University of North Sumatra, Medan.

Farhana, 2010, Legal Aspects of Human Trafficking in Indonesia, Sinar Grafika, Jakarta.

Fotzgerald, 1996, Salmond on Jurisprudence, Weet & Mazwell, London.

Moh.Hatta, 2012, The Crime of Human Trafficking in Theory and Practice, Liberty, Yogyakarta.

Regulation Legislation

Government Regulation Number 7 of 2018 concerning Provision of Compensation, Restitution and Assistance to Witnesses and Victims.

Law Number 21 of 2007 concerning the Eradication of Criminal Acts of Human Trafficking

Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection of Witnesses and Victims.

Regulation of the Minister of Women's Empowerment and Child Protection of the Republic of Indonesia Number 8 of 2021 concerning Standard Operating Procedures for Integrated Services for Witnesses and/or Victims of Human Trafficking Crimes

Website

http://ugun-guntari.blogspot.com/2011/02/teori- Keadilan-Perspektif-hukum.html downloaded June 27, 2024

http://diqa-butar-butar.blogspot.com/2011/09/teori-teori-keadilan.html downloaded June 27, 2024

https://almanha.or.id/3113-perdagangan-manusia-human-trafficking.html accessed on October 18, 2024

Published
2025-08-15
How to Cite
Darfiah, D., Mashdurohatun, A., Hafidz, J., & Isnawati, I. (2025). The Reconstruction of Legal Protection Regulations for Victims of Human Trafficking Criminal Acts in Transnational Area Based On The Values of Justice. International Journal of Social Science Research and Review, 8(8), 226-237. https://doi.org/10.47814/ijssrr.v8i8.2780

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