Human trafficking constitutes one of the most serious and systematic forms of transnational crime in the era of globalization. Indonesia, as a country of origin, transit, and destination for human trafficking, faces complex challenges in enforcing international criminal law. This study aims to normatively analyze the legal position of human trafficking as a transnational crime from the perspective of international criminal law, while evaluating the effectiveness of the implementation of Law Number 21 of 2007 on the Eradication of the Crime of Trafficking in Persons in Indonesia. Employing a statute approach and a conceptual approach, this study finds a significant gap between international legal norms as stipulated in the Palermo Protocol 2000 and Indonesia's domestic regulations, particularly regarding the definition of victims, recovery mechanisms, and inter-agency coordination. The novelty of this research lies in the identification of three structural weaknesses in the implementation of the Anti-Trafficking Law: (1) normative ambiguity in defining exploitation; (2) weak restitution and compensation mechanisms for victims; and (3) institutional misalignment between central and regional Anti-Trafficking Task Forces. This study recommends a partial revision of the Anti-Trafficking Law and strengthening of vertical-horizontal coordination among law enforcement agencies.

: The crime of human trafficking in Indonesia shows an alarming escalation with 1,061 cases and 3,363 victims in 2023, while restitution paid by perpetrators only reached 13 percent of the total calculation by the LPSK in 2024. This study analyzes the legal, institutional, and procedural obstacles causing low restitution; compares restitution regulations and mechanisms in Thailand, Germany, and the United States; and formulates comprehensive recommendations for improvement. The method used is descriptive-analytical qualitative legal research with doctrinal-normative, empirical-sociological, and comparative approaches, using the theoretical framework of legal certainty, legal effectiveness, legal protection, and restorative justice. The results show that the failure of restitution implementation is systemic in all dimensions, and the three comparison countries have structural advantages in the form of mandatory restitution, the active role of prosecutors, state compensation funds, and standardized calculation formulas. The study recommends comprehensive reforms based on five pillars that integrate international best practices with the characteristics of the Indonesian legal system.

This research examines the restitution mechanism for rape victims in Aceh. The rules on restitution for rape victims set out under Article 51 of Qanun Jinayat in Aceh are intended to protect the victims; however, they are deemed ineffective, given that the restitution implemented by the judges of Mahkamah Syar’iyah only covered 6% of the total victims, 9% of the prosecutions by prosecutors. The victims have no chance of recovering from the physical injuries, psychological trauma, and social trauma. This article was written based on the use of normative legal research methods. Legal materials comprise legislation, Qanun, Mahkamah Syar’iyah rulings, and district court rulings. The research results were analysed in light of the concepts of justice in Islamic criminal law and feminist legal theory. The research results reveal several points to ponder: (a) regulating the minimum uqubat for restitution at 250 grams of pure gold calculated according to the cost spent on recovering the victim, as well as the principles of justice and the maslahat (public benefit) in the context of Islamic criminal law; (b) regulating the obligations of Mahkamah Syar’iyah judges in determining the losses that the aggrieved parties have to take, particularly in terms of setting the amount of uqubat restitution according to the studies on victimology and the theory of feminist law that prioritises gender equality. If the defendant lives in poverty (gharim), the restitution status shifts to a compensation obligation to be paid by the state through baitul mal. However, the defendant must serve a jail sentence instead of probation. Rule amendments are consistent with the concept of justice and legal certainty in Islamic criminal law. The findings of this research should expand access to justice for victims, without restricting judges' freedom to decide cases or violating the human rights of defendants facing financial difficulties, thereby narrowing criminal disparities.

Case Number 7834 K/Pid.Sus/2024 concerns a human trafficking offence in which the cassation ruling imposed custodial punishment and mandated restitution calculated by the Witness and Victim Protection Agency (LPSK). This research is motivated by the need to protect victims' rights through restitution, despite ongoing implementation issues. Focusing on the degree of legal certainty in the implementation of restitution, this study analyzes the relevant decision through a normative juridical lens. The methodology incorporates statutory, conceptual, and case-based approaches, all of which are applied to secondary data consisting of primary legal sources, secondary literature, and tertiary references. The results showed that legal certainty regarding restitution for victims of human trafficking still faces various obstacles in Law No. 21 of 2007, which does not clearly regulate how to calculate, determine, and enforce compensation payments. The Supreme Court's decision in this case fills a legal void in Law No. 21 of 2007 by emphasizing that restitution must be calculated accurately based on the actual losses suffered by the victim, and recognizing the LPSK's calculation as a valid basis for determining the amount of restitution. It was concluded that the Supreme Court ruling strengthens legal certainty by legitimizing the LPSK's assessment, thereby providing a more concrete mechanism for enforcing restitution. The findings are expected to generate recommendations for law enforcement authorities and LPSK on the significance of enforcing restitution as an integral component of restoring victims’ rights and achieving justice in human trafficking cases.

Human trafficking is a serious crime that constitutes a grave violation of human rights and continues to occur in various regions of Indonesia, including within the jurisdiction of the Southeast Sulawesi Regional Police. This study aims to analyze the causal factors, the role of victims, and the efforts to combat human trafficking from a victimological perspective. The research employs normative legal research combined with an empirical approach, with data collected through interviews and literature review. The findings indicate that cases of human trafficking in Southeast Sulawesi occurred during the 2023–2024 period, with 14 cases recorded in 2023 and 11 cases in 2024. The primary contributing factors include economic hardship, environmental influences, opportunity structures, and low levels of education. From a victimological perspective, victims are positioned as vulnerable individuals due to economic pressure, trust-based social relations, and limited legal literacy, making them highly susceptible to victimization. The study also reveals that victims play a passive role in the occurrence of the crime; however, this should not be interpreted as victim culpability, but rather as an indication of the failure of social and legal protection systems to safeguard vulnerable groups. Efforts to combat human trafficking are carried out through preventive, repressive, and victim protection approaches, including public awareness campaigns, law enforcement actions against perpetrators, and the provision of restitution, rehabilitation, and legal protection for victims. This study emphasizes the importance of a victimological approach in policies addressing human trafficking, ensuring that law enforcement is not solely perpetrator-oriented but also focused on the protection and recovery of victims.

Protective orders (POs) are a primary legal mechanism to safeguard victims of intimate partner violence (IPV) and reduce the risk of subsequent violence. Although POs have demonstrated effectiveness, scholarly attention to the legal consequences of PO violations remains limited. We systematically analyzed statutes governing first-time PO violations across all 50 states and Washington, D.C., using a comprehensive Westlaw search and supplementary legal resources. All jurisdictions address PO violations, and most classify a first-time violation as a misdemeanor. Penalties vary widely, ranging from 48 hours to 2.5 years of imprisonment and fines from $200 to $25,000; some states also require offenders to pay victim restitution and court fees. Policy reforms that promote greater equity, standardized statutory language, and improved coordination among courts, law enforcement, and victim services are critical to ensuring that POs function as reliable safeguards for IPV survivors nationwide.

Sexual violence against children is a serious crime that causes long-lasting physical, psychological, and social impacts. Therefore, it requires an effective mechanism for restoring victims' rights, one of which is through Restitution, a modern criminal law instrument designed to restore victims' conditions as close as possible to their original State. However, in law enforcement practice, the implementation of Restitution often encounters obstacles, particularly when perpetrators fail to fulfill their restitution payment obligations as ordered by the court. This is exacerbated by the lack of comprehensive and synchronized regulations between Law Number 35 of 2014 concerning Child Protection and Law Number 12 of 2022 concerning Crimes of Sexual Violence regarding substitute sanctions for Restitution. This study aims to examine the legal regulations regarding substitute sanctions for Restitution for child victims of sexual violence, analyze the gaps in norms and legal dualism in both laws, and assess their implications for the fulfillment of victims' rights and legal certainty. Using normative legal research methods through statutory, conceptual, and case-based approaches, the research results indicate that although Restitution has been recognized as a right of child victims, neither the Child Protection Law nor the Sexual Violence Crime Law explicitly, clearly, and operationally regulates substitute sanctions for Restitution if the perpetrator is unable or does not act in good faith to pay. This creates a legal vacuum, resulting in the suboptimal fulfillment of victims' rights and potentially creating legal uncertainty. Therefore, it requires harmonization and regulatory reform to ensure the protection and restoration of the rights of child victims of sexual violence in a just manner.

In this globalization era, digital investment has become a highly practical alternative for people to invest. This Research Discusses About refunding victims funds as a legal remedies for consumers in illegal investments. There are 3 (three) cases that have similarities, namely the illegal investment fraud mode in Indonesia. This article focused to analyze characteristics of fraudulent investments in digital investments. This article used normative research method with a statute approach, a conceptual approach, and a case approach. The results of the study indicate that digital investment players have shown significant growth in the trading volume of digital assets, such as cryptocurrencies. However, while the digital investment model offers enormous potential, there are also several risks related to market volatility and regulatory uncertainty. Restitution of victims funds as a legal remedy for consumers in illegal investments, as a form of legal protection for victims of illegal digital investment fraud, is a form of protection for the community. This can be realized in various forms, such as fulfilling victims rights, namely compensation, something given to the party who suffered a loss proportional to the amount of the loss.

The crime of physical sexual violence against individuals with mental disorders is a serious human rights violation and requires strict law enforcement. This study examines Decision Number 657/Pid.B/2024/PN Tjk, in which the defendant was found guilty under Article 285 of the Criminal Code and sentenced to eight years in prison and a fine of Rp 2,000. This study aims to analyze how law enforcement is carried out against perpetrators of sexual violence targeting people with mental disorders and to identify factors that hinder this process. Using a normative and empirical juridical approach, data were collected through a literature review and interviews with investigators, judges, and legal scholars, then analyzed qualitatively. The findings indicate that although law enforcement has been carried out in accordance with the Criminal Code, weaknesses still remain, especially at the execution stage, which focuses more on punishment than on victim recovery. In addition, this study identifies challenges related to legal substance, law enforcement capacity, infrastructure, and socio-cultural attitudes. In conclusion, synchronization between the Criminal Code and Law Number 12 of 2022 concerning Crimes of Sexual Violence is crucial to ensure justice, with an emphasis on victim restitution, rehabilitation, and strengthening inter-institutional coordination.

Human trafficking is a serious global crime, including in Indonesia, where restitution, as financial compensation for victims, plays a crucial role in their recovery and reintegration. This study uses bibliometric analysis to explore research on law enforcement and restitution in human trafficking, aiming to identify trends, key themes, and gaps. Data was gathered from the Scopus database, covering publications from 2000 to 2024. The analysis revealed a rise in human trafficking-related publications, primarily scientific articles. Seven thematic clusters were identified, focusing on law enforcement, victim protection, and sexual trafficking. However, restitution remains underexplored, with only minimal coverage in one weakly connected cluster. Bibliographic coupling and co-citation analysis highlighted key studies and journals in the field. The study concludes that restitution deserves further attention, particularly in terms of policy, challenges, and its impact on victims, to enhance protection and justice efforts.

This study examines the punishment of perpetrators of violent theft based on social justice, with the focus on Decision Number: 470/Pid.B/2024/PN.Mtr. The main issues raised are how the punishment process is applied, what are the weaknesses and solutions, and how judges consider making decisions. Indonesia as a country of law upholds the principles of justice and the supremacy of law, but crime, including violent theft, is still a serious challenge due to social pathologies such as economic inequality and lack of legal awareness. This study uses a normative juridical method with a descriptive analysis approach, collecting data from primary, secondary, and tertiary legal materials through literature studies and document studies. Data are analyzed qualitatively with deductive logic. The results of the study show that the judge’s decision tends to be formalistic and retributive, paying less attention to aspects of victim restitution and the socio-economic background of the perpetrator. The obstacles include the lack of normative guidelines, social pressure, and the lack of alternative sanctions oriented towards restorative justice. The solution includes the implementation of comprehensive restitution, checking the social background of the perpetrator, and systematically integrating a restorative approach to realize substantive justice that is more humane and in line with social justice.

The legal protection in the form of restitution for child victims of serious abuse, highlighting the case of David Ozora as a concrete study. The main focus is directed at the inequality of the criminal justice system, which tends to be perpetrator-oriented, while the position of the victim is often neglected. Restitution is seen as an important instrument in realizing restorative justice that emphasizes the restoration of victims' rights, not only through criminal sanctions for the perpetrators. This study uses a normative juridical method, combining a legislative approach and case studies. The research findings indicate that legal protection for child victims has been regulated through the Child Protection Law, the Witness and Victim Protection Law, and Government Regulation Number 43 of 2017, which specifically regulates the procedures for granting restitution. In the case of David Ozora, the court not only sentenced the perpetrator to prison but also determined a large amount of restitution, indicating the state's recognition of the victim's right to restitution. However, the application of excessively high restitution also creates a dilemma when the perpetrator is a child, as it has the potential to conflict with the principles of restorative justice in the juvenile criminal justice system. Thus, this study emphasizes the importance of implementing proportional restitution that prioritizes the best interests of children, both as victims and perpetrators, to achieve substantive justice consistent with humanitarian values.

When restitution (compensation) cannot be fulfilled by the perpetrator for various reasons, an alternative that is usually used is a substitute punishment. By examining Court Determination Number 1/Res.Pid/2023/PN Bkt, which does not formulate a substitute punishment, the Public Prosecutor (JPU) will encounter difficulties in executing the determination. To further study this issue, the problems addressed in this thesis are : 1) How is the implementation of restitution by the Public Prosecutor for child victims of criminal acts based on Court Determination Number 1/Res.Pid/2023/PN Bk?, 2) hat are the judge’s considerations in determining restitution for child victims of criminal acts based on Court Determination Number 1/Res.Pid/2023/PN Bkt?, 3) hat are the obstacles encountered in the implementation of restitution, whether based on court verdicts or judicial determinations, in cases where restitution is not paid to child victims of criminal acts?. This study employs empirical (sociological) legal research. The research approach used includes the statutory approach and case approach through Court Determination Number 1/Res.Pid/2023/PN Bkt, with the research being descriptive in nature. The findings and analysis are as follows: 1) The prosecutor cannot directly seize the perpetrator’s assets if the convict/respondent is unable to pay the restitution as determined by the judge, resulting in the judge's determination being unenforceable by the Public Prosecutor. 2)The legal considerations in Court Determination Number 1/Res.Pid/2023/PN Bkt do not mention legal protection for children at all, even though the case involves a child as a victim of a criminal act. According to existing laws and regulations, such cases must be resolved through approaches that go beyond formal legal mechanisms. 3) The obstacles found in the implementation of restitution based on the judge's determination are influenced by several factors Legal factors (regulations), Law enforcement factors (law enforcement officers), Community factors (individuals)

The purpose of this study is to analyze the fulfillment of restitution rights for child victims of sexual violence from the perspective of justice and legal certainty, as well as to examine the obstacles that prevent these rights from being optimally fulfilled in legal practice. The method used is a normative legal approach with descriptive analysis. The novelty of this research is that it emphasizes the need for judges to automatically award compensation to child victims of sexual violence, without waiting for a request from the victim, in order to achieve justice and legal certainty. The results of the study show that although the right to restitution for child victims of sexual violence is regulated in various laws and regulations, its implementation is still far from optimal. This is due to complicated application procedures, the victims' lack of knowledge about their right to restitution, and weak law enforcement, as there are no strict sanctions for law enforcement officials who neglect their duties. Restitution as a form of compensation aims to restore the condition of the victim. However, in practice, this is often ignored by judges in deciding a case, especially if there is no request from the victim. This study highlights the importance of the active role of law enforcement officials in ensuring the fulfillment of the right to restitution without having to wait for a request from the victim, as well as the need for harmonization and confirmation of sanctions in legislation in order to realize justice and legal certainty for child victims of sexual violence. The conclusion is that even though there are various laws and regulations governing restitution, the fulfillment of the right to restitution for child victims of sexual violence still faces normative and practical obstacles in Indonesia. In practice, many judges do not consistently consider the right to restitution, so that victims do not receive adequate compensation, thereby hindering their recovery process. Legal uncertainty is also caused by weak sanctions for negligent law enforcement officials, which means that victim protection depends on individuals rather than the system. The state should make restitution a fundamental legal obligation rather than merely an option to ensure justice and legal certainty for victims.

The implementation of the right to restitution for victims of environmental crimes in Indonesia has shifted to bureaucratic compensation, which weakens the polluter pays principle related to social accountability for impacts. This research aims to clarify how regulation and law enforcement relate to the right of victims of environmental crimes to restitution, utilizing the concept of restorative justice grounded in social ecology. This research is normative, employing a comparative study approach with Germany, Austria, Switzerland, and China to draft ideal recommendations for the implementation of the right to restitution. This research shows, first, that although Law No. 32/2009, Government Regulation No. 22/2021, and Supreme Court Regulation No. 1/2022 affirm the right to a healthy environment and the obligation to provide restitution, the mechanism for victims of environmental crimes is not yet clear, necessitating legal strengthening for adequate restoration. Second, a comparison of Germany, Austria, Switzerland, and China shows that Indonesia needs to emphasize restitution mechanisms for victims of environmental crimes through clear regulations oriented towards socio-ecological restoration. Third, the right to restitution for victims of environmental crimes in Indonesia, which is guaranteed by the Constitution and the Human Rights Law, is still weak in implementation, so it is necessary to strengthen the polluter pays principle, differentiate between restitution and compensation, and adopt comparative practices from Germany, Austria, Switzerland, and China so that socio-ecological restoration is more effective

Child trafficking for sexual exploitation is one of the most insidious violations of human rights, with a 25% rise in detected victims according to the United Nations Office on Drugs and Crime, from 2019 to 2022, 38% of whom were children. This article provides an in-depth legal comparative analysis between the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children and Islamic Sharia prohibitions of zina and karāmah. Adopting the IMRaD framework, the study employs doctrinal exegesis, comparative jurisprudence and normative synthesis. Results demonstrate 85% normative convergence: both regimes nullify consent under coercion, impose absolute liability for child exploitation, and mandate prevention, protection, and prosecution. Discrepancies emerge in jurisdictional scope, evidentiary thresholds, and cultural implementation. The discussion proposes a Hybrid Legal Integration Model (HLIM) for Muslim-majority states, incorporating ijtihād-based legislation, Sharia-compliant victim restitution funds, and UNODC-aligned monitoring. Policy recommendations include mandatory karāmah training for law enforcement and global advocacy campaigns framing anti-trafficking as a religious imperative. This study contributes to transnational legal theory by demonstrating how faith-based norms can operationalize international human rights instruments in high-prevalence contexts.

Child trafficking for sexual exploitation is one of the most insidious violations of human rights, with a 25% rise in detected victims according to the United Nations Office on Drugs and Crime, from 2019 to 2022, 38% of whom were children. This article provides an in-depth legal comparative analysis between the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children and Islamic Sharia prohibitions of zinaand karāmah. Adopting the IMRaD framework, the study employs doctrinal exegesis, comparative jurisprudence and normative synthesis. Results demonstrate 85% normative convergence: both regimes nullify consent under coercion, impose absolute liability for child exploitation, and mandate prevention, protection, and prosecution. Discrepancies emerge in jurisdictional scope, evidentiary thresholds, and cultural implementation. The discussion proposes a Hybrid Legal Integration Model (HLIM) for Muslim-majority states, incorporating ijtihād-based legislation, Sharia-compliant victim restitution funds, and UNODC-aligned monitoring. Policy recommendations include mandatory karāmahtraining for law enforcement and global advocacy campaigns framing anti-trafficking as a religious imperative. This study contributes totransnational legal theory by demonstrating how faith-based norms can operationalize international human rights instruments in high-prevalence contexts.

This study aims to analyze the responsibilities of the Witness and Victim Protection Agency (LPSK) and the state in implementing restitution for victims of sexual violence, particularly when the perpetrators are unable to pay or are sentenced to death. The background of this research lies in the weak implementation of restitution, which should be a fundamental right of victims, as illustrated by the case of Herry Wirawan based on the Bandung High Court Decision Number 86/Pid.Sus/2022/PT Bdg. The research addresses two main problems: (1) how the state and LPSK ensure the victims’ rights to restitution under such circumstances, and (2) what obstacles hinder the implementation of restitution based on the decision. The study employs a normative juridical method with a statutory and case study approach. The findings show that the implementation of restitution still faces serious obstacles, such as the absence of technical mechanisms, the lack of designated executing institutions, and the lack of coordination among law enforcement agencies. LPSK plays a role in proposing and calculating restitution amounts but lacks execution authority. Moreover, the state has not yet fulfilled its role as the ultimate guarantor for victims when the perpetrator is unable to comply. In conclusion, Indonesia’s legal system needs to strengthen technical regulations, ensure inter-agency coordination, and affirm the state's role as a guarantor of restitution to achieve meaningful restorative justice for victims of sexual violence

Human Trafficking is the act of recruiting, transporting, harboring, sending, transferring, or receiving a person by means of threats of violence, use of violence, kidnapping, confinement, forgery, fraud, abuse of power or vulnerable position, debt bondage or giving payments or benefits, so as to obtain the consent of a person who holds control over another person, whether carried out within the country or between countries. The formulation of the problem in this study is How is the Legal Protection for victims of the Crime of Human Trafficking and How is the Criminalization of the Crime of Human Trafficking in Criminal Law. The theory used in this study is the theory of Legal Protection and the theory of Criminalization. The method used in this research is a normative juridical research type, namely library legal research or secondary data with primary, secondary, and tertiary legal material sources. The research approaches used are the statutory approach, case approach, analytical approach, and conceptual approach. The legal material collection technique is carried out by identifying and inventorying positive legal regulations, book literature, journals, and other legal material sources. The legal material analysis technique is carried out by legal interpretation (interpretation), grammatical interpretation, and systematic interpretation.The research findings show that legal protection for victims of human trafficking, based on Law Number 21 of 2007, regulates the protection of victims of human trafficking as an important aspect of law enforcement. Furthermore, Article 48 provides for restitution for victims, but its implementation still faces various obstacles. Specifically, the victim's right to restitution lacks procedures that simplify the restitution application process and the provision of substitute fines for convicts. Many perpetrators' sentences are still not appropriate in practice, with court sentences often falling far below the maximum penalty. This creates a gap between legal norms and their implementation, and leads to dissatisfaction and a sense of injustice for victims. Criminal penalties tend to be minimal, and some are below the minimum.

This study focuses on answering two questions, namely: first, how restitution is provided to victims of human trafficking; and second, what are the advantages and disadvantages of Law No. 21 of 2007 on the Eradication of Human Trafficking in providing justice for victims. The research method used in this study is normative legal research, which focuses on the study of applicable positive legal norms. In this context, it refers to Law No. 21 of 2007 on the eradication of human trafficking. The results of this study are as follows: First, legal protection for victims of human trafficking is still inadequate and has not been implemented optimally. Although Law No. 21 of 2007 regulates the rights of victims, including the right to restitution, its implementation has not been effective. Many law enforcement officials do not understand the mechanism for providing restitution, while victims are often unaware of their rights. Therefore, it is necessary to establish specific regulations regarding restitution for victims of human trafficking, accompanied by an increased role for relevant institutions such as the Social Services Agency in assisting and rehabilitating victims. Second, weaknesses in the application of this law indicate the need for criminal law reform so that law enforcement can be more rigorous and fair. This reform is important to strengthen the protection of victims and ensure that their rights are fulfilled. Without reform, the objectives of the law to achieve justice, certainty, and benefit will not be realized, especially in ensuring justice for victims of human trafficking crimes.