Rights Of Victims Research Articles

The Human Rights of Sex Trafficking Survivors: Trends and Challenges in American Vacatur Laws

For years, survivors of sex trafficking, people compelled by force or circumstance to engage in sex acts, were often wrongly convicted of prostitution and many collateral crimes in the United States. These convictions became a permanent part of survivors’ criminal records, inhibiting their ability to satisfy necessities for a dignified life—finding work and a place to live, or going to school. Since 2010, forty-five state legislatures across the US have sought to solve this problem by passing vacatur laws. These laws allow the survivors of sex trafficking a means to erase certain charges and convictions from their records. The American movement to support the human rights of sex trafficking victims is part of a larger, global non-criminalization movement to support survivors’ human rights. This article surveys the recent and robust diffusion of American vacatur laws, situates them amidst the larger, global non-criminalization movement, and highlights both the strengths and weaknesses of the current US vacatur laws with an eye toward closing the rights gap for sex trafficking survivors. We argue that extant vacatur legislation should be expanded to include all crimes traffickers compel victims to commit, should incorporate trauma-informed means for establishing victimhood, and should be passed at the federal level to ensure complete and uniform protection.

Enhancing Effective Judicial Response to Human Trafficking in Nigeria

Human trafficking is a horrifying form of organised crime that violates victim’s human rights. Despite international and domestic efforts, the threat is not abating. People are bought and sold, forced to work in the black market or sex industry, and frequently face threats and violence. It is one of the most heinous crimes in the modern world. The criminal justice system, which consists of the police, courts, and prisons, work in synergy to handle the social repercussions of crimes with the goal of preserving peoples’ right to safety and the exercise of their human rights. There is no disputing that courts’ interpretation of the law plays a critical role in safeguarding the rights of victims of human trafficking as well as deciding the guilt and punishment of traffickers. In order to reduce human trafficking in Nigeria, this study examines the crucial role of the judiciary. The paper posits that in addition to knowing the legislation, judges must also be aware of the context of each case involving human trafficking. The paper’s recommendations for strengthening judicial intervention against human trafficking are included in the conclusion.

PERLINDUNGAN HUKUM TERHADAP PEREMPUAN DAN ANAK-ANAK YANG MENJADI KORBAN TINDAK PIDANA KEKERASAN SEKSUAL (Studi Terhadap UU No. 12 Tahun 2022 Tentang Tindak Pidana Kekerasan Seksual)

The passing of Law No. 12 of 2022 on the Crime of Sexual Violence on May 9, 2022, became an umbrella of positive legal protection against sexual violence experienced by women and children as the majority of victims of sexual violence. The Ministry of Women's Protection and Child Protection noted that as many as 25,050 women were victims of sexual violence in 2022. The birth of Law No. 12 of 2022 concerning Criminal Acts of Sexual Violence is a perfection of previous laws and regulations with the same substance so as to protect and guarantee the rights of victims of sexual violence. This study aims to determine the effectiveness of the implementation of Law No. 12 of 2022 concerning Criminal Acts of Sexual Violence in tackling cases of sexual violence crimes, especially against women and children. The method used in this research is normative-empirical law by including secondary data from literature studies and primary data obtained directly from the general public through questionnaires. The conclusion obtained is that Law No. 12 of 2022 concerning Criminal Acts of Sexual Violence has not been implemented effectively because there are still many cases that experience obstacles to justice. Keywords: Children, Crime, Sexual Violence, Women

Rights of victims in criminal proceedings: challenges and state strategy for improving legal status

The article is devoted to issues of procedural regulation of the rights of victims in criminal proceedings. Based on the generalization of UN data on the increase in the number of victims of murder, statistical data of the State Judicial Administration of Ukraine and the Office of the Prosecutor General, the relevance of legislative initiatives to improve the provision and realization of victims’ rights is substantiated. The directions of state policy regarding ensuring the safety of victims, preventing and countering torture are revealed. It emphasized the “lack of remedies for victims of criminal offenses involving torture, cruel, inhuman or degrading treatment or punishment.” Recommendations are given to eliminate these gaps by creating, taking into account international standards and the practice of the European Court, an effective system of rehabilitation, legal protection of victims of criminal offenses related to torture, cruel, inhuman or degrading treatment or punishment, including introduction of an effective mechanism for compensation for damage caused to such persons.
 In the conditions of martial law, Ukraine concentrates its efforts on protecting the rights of victims, which requires coordination with the Rules and Procedures of Evidence and Evidence of the International Criminal Court. The full-scale invasion of the aggressor country created new challenges in the field of protection of the rights of victims in criminal proceedings. In order to implement new tasks, a Strategic Plan for the implementation of the powers of the prosecutor’s office in the field of criminal prosecution of international crimes for 2023-2025 was developed, approved by the Prosecutor General on September 15, 2023.
 Improving the system of ensuring the rights of participants in criminal proceedings in accordance with international standards will significantly reduce the number of victims of torture, observing reasonable deadlines for the investigation of criminal proceedings will contribute to increasing the trust of victims in law enforcement agencies, preventing delays in the consideration of criminal proceedings by the court will ensure adequate terms of satisfaction (execution of the court decision in part compensation for physical, moral and material damage). A significant number of victims of war crimes should be aware of their rights in accordance with the procedure of trial by the International Criminal Court, for which it is advisable to make appropriate additions to Chapter 19 of the Criminal Procedure Code of Ukraine.

Universal international legal framework to support of victims of terrorism

The article describes the provisions of international legal acts on support and protection of the rights of victims of terrorism (UN Global Counter-Terrorism Strategy, UN GA resolutions, Good Practices in Supporting Victims of Terrorism within the Criminal Justice Framework, The Criminal Justice Response to Support Victims of Acts of Terrorism, the Handbook of Good Practices to Support Victims’ Associations in Africa and the Middle East, Model Legislative Provisions to Support the Needs and Protect the Rights of Victims of Terrorism etc.) It is indicated that the Global Counter-Terrorism Strategy and its attached Action Plan provide for the establishment of national assistance systems on a voluntary basis that will take into account the needs of victims of terrorism and their families and contribute to the normalisation of their lives. It is emphasised that the UN General Assembly reviews the Global Counter-Terrorism Strategy every two years, which makes it a living document linked to the priorities of member states in the fight against terrorism. In particular, in the Eighth Review of the Strategy (2023), the UN GA reaffirmed the role that victims of terrorism, including the role in disincentivising terrorism, stressing the need to promote international solidarity in support of victims of terrorism and to ensure their dignified and respectful treatment. It is pointed out that the resolutions adopted by the UN GA (72/165, 73/305) on victims of terrorism made it possible to lay a more solid foundation for intensifying the efforts of Member States to provide assistance to victims. It is emphasised the role of the UNODC in supporting victims of terrorism, under the auspices of which a number of acts have been developed containing strategies for building institutional capacity to involve victims of terrorism in investigations and prosecutions; national experience, programmes and legislation on supporting victims of terrorism are summarised. It is indicated that in 2022, the Model Legislative Provisions to Support the Needs and Protect the Rights of Victims of Terrorism were adopted, which are based on the international legal framework for victims of crimes and grave human rights violations and are intended to assist Member States in protecting the rights and addressing the needs of victims of terrorism in their national legislation.

Хищение безналичных средств: новые ориентиры для правоприменителя в определении места и времени совершения преступления

The practical relevance of the norms providing for liability for theft from a bank account revealed the lack of uniformity in the qualification of objectively similar acts, determining the adoption in 2021 by the Plenum of the Supreme Court of the Russian Federation of acts that guide the law enforcement officer on the issues of distinguishing between related compositions and determining the place of theft of electronic money, linking it with the location of the credit institution servicing the victim’s card. The implementation of the new approach led to a bias in the workload of law enforcement agencies, determining a change in the position of the Plenum in 2022, which “transferred” the place of the theft to the place of “withdrawal of funds”, and the place of fraud to the “place of action by the person”. The new benchmarks make it possible to decentralize remote theft from credit institutions, solving organizational issues, but may destabilize the practice of determining the moment when the types of theft in question end and pose a threat of infringement on the rights of victims.

Concept of Protection for Victims of Narcotics Abuse in Indonesia Fairly Based on Pancasila

Background: Since the introduction of criminal policy on victims of drug abuse in Indonesia in Law No. 35 of 2009 on Narcotic Drugs, the current legislation does not give room to the use of criminal means (tax and action), which extends both its content and benefits as contained in Article 127 paragraphs (1), (2), and (3), Jo. Article 103 Jo. Art. 54 is the punishment of criminal imprisonment, and the sentence of medical rehabilitation or social rehabilitation only tends to be rigid, So in legal practice, it still tends to position victims of drug abuse as being treated equally as perpetrators of drug offenses in general, without regard to justice for the protection of the victim of narcotics abuse itself. Adopting good concepts for the formulation of the Narcotics Act in the future is necessary as a reflection of the values of justice for the victims of drug abuse who are distributed to Indonesians based on Pancasila with a more flexible system of punishment. (flexible on sentencing). Objective: Analyzing to a great extent the innovative ideas of re-formulating criminal drug policy in Indonesia with a comparative study of criminal policy on victims of drug abuse in other countries. By using the method of doctrinal approach that analyzes the law as it is written in the books or the law as it is decided by the judge through the judicial process. Theoretical framework: Prison sentences for narcotics abuse have proved to be unable to reduce the number of narcotics abuses. The Law on Narcotic Drugs, in its development, has been updated with the enactment of Law No. 35 of 2009 on Drugs. There has been a legal revision of the provisions of this law, with the decriminalization of drug abuse perpetrators. Narcotics addicts and victims of drug abuse must undergo medical and social rehabilitation. Van Boven, a United Nations special rapporteur, puts the rights of victims of human rights violations in a comprehensive way that is not only limited to the right to know and to continued justice but also the right to reparation (Theo Van Boven, 2002). Method: This study uses the method of normative jurisprudence, or doctrinal law research, that analyzes both laws as they are written in the books and laws as they are decided by the judge through the judicial process. The use of skunder data as a source or material of information can be primary legal material, skunder legal material, or third-tier legal material. Results: The results of the study suggest that there is a need to re-formulate the criminal policy of legal protection of victims as perpetrators of crimes in the future drug law enforcement system, including articles on the use of non-criminal means in drug law in the future as a measure of prevention of the adverse influence of the black traffic of narcotics in Indonesia. To this end, it is necessary to encourage the support of the government by using all its powers to provide the budget, resources, and human resources for both the security and defense of the country, such as the Indonesian National Army/Police of the Republic of Indonesia/National Narcotics Agency, other law enforcement agencies, and the apparatus of government within the scope of the state administration, so that the presence and existence of a state in protecting citizens in a safe, comfortable, and realization of a divine, just, and civilized society with a sense of unity, settlement with mutiny, and justice in society will be felt.

The Urgency of Restorative Justice Regarding Customary Criminal Violations: Harmonization Between Customary and National Criminal Laws

<p class="TableParagraph"><em>Indonesia is rich in cultural and traditional diversity, including a variety of customary laws in different regions. Conflict often arises between customary laws and national criminal laws. Restorative Justice is an important approach to resolving this conflict, with a focus on reconciliation rather than punishment. This research aims to understand the implementation of Restorative Justice in the Indonesian context, identify its positive and negative impacts, and contribute valuable insights to international discussions on legal conflicts in culturally diverse societies. Normative legal research methods and document analysis are used for this study. The findings suggest that the implementation of Restorative Justice in resolving violations of customary criminal laws in Indonesia has the potential to enhance harmony between customary and national criminal laws. Necessary steps include establishing a dedicated restorative justice judicial system, involving local communities, fostering collaboration between authorities of customary and national criminal laws, and conducting extensive public education. However, it is crucial to consider both the positive outcomes, such as community relationship restoration and reduced burdens on the criminal justice system, and the negative impacts, including potential justice disparities and implementation challenges. Therefore, the integration of restorative justice needs to be carefully aligned with principles of justice, respect for customary culture, and the protection of the rights of vulnerable victims and offenders.</em></p>

Reflecting upon the rights of victims of child sexual abuse under the evolved provisions of POCSO ACT 2012

Reflecting upon the rights of victims of child sexual abuse under the evolved provisions of POCSO ACT 2012

Right to be Forgotten as a Legal Protection for The Victims of Electronic Sexual Violence Cases

The 2020 National Commission on Violence Against Women's Annual Records identified the rise of a new type of violence against gender in Indonesia, specifically electronic-based sexual violence (Kekerasan Seksual Berbasis Elektronik/KSBE) which is part of gender-based violence in the digital spaces or Online Gender-Based Violence (OGBV). In 2020, KSBE cases increased 300% compared to the previous year. So far, the arrangements for tackling KSBE perpetrators in Indonesia have been inadequate. Existing laws do not contain procedures that are sensitive to victims and lack a human rights and gender perspective. Currently, Indonesia has adopted a new regulation related to handling sexual violence, namely Law No. 12 of 2022 on Sexual Violence Crimes. The authors analyse laws and regulations relevant to online sexual violence and its extension (involving physical action), from the perspective of human rights and women's rights. Thus, several significant regulations apart from the Sexual Violence Crimes Law are discussed, namely the Criminal Code, the Information and Transaction Law, the Anti-Pornography Law, and the Child Protection Law. We argue that protection of KSBE victims must be made the main goal of law enforcement. The loss of the victim's privacy and the dissemination of personal data violate victims’ human rights guaranteed by the state, and therefore derivative regulations regarding the UU TPKS (Sexual Violence Law) need to be issued and existing laws harmonized with it. Moreover, additional special victim rights regulations regarding electronic-based sexual violence are necessary, especially for KSBE acts that require a quick response, such as removing sexually explicit content.

Kajian Yuridis atas Ketentuan Darurat Bencana dalam Konstitusi Sebagai Jaminan Hak Asasi Manusia Korban Bencana

Indonesia faces a high risk of disasters, which require community involvement and participation in disaster management. The state cannot handle disasters without the community's help, and the research aims to examine the disaster emergency provisions in the 1945 Constitution to guarantee the human rights of disaster victims. This normative legal research found that emergency provisions are regulated in Article 12 and Article 22, granting the President emergency power. However, the 1945 Constitution does not specifically focus on the rights of communities affected by disasters or regulate the principles the government or president must adhere to in limiting or reducing constitutional rights during a disaster. Therefore, it is necessary to amend articles to include provisions that focus on the rights of people affected by disasters and the terms and conditions for limiting or reducing constitutional rights of citizens.

Problems of Protecting Rights of Violent Crimes Victims: Aspects of the Harmonization Process of Ukrainian Law with EU Law

Problems of Protecting Rights of Violent Crimes Victims: Aspects of the Harmonization Process of Ukrainian Law with EU Law

Forced Marriage in Cultural Practices and Sexual Violence Law

This study analyzes criminal law policy regarding forced Marriage disguised as a cultural practice, taking into account current conditions and the legal protection provided by Law Number 12 of 2022 concerning Criminal Law of Sexual Violence (TPKS). This is a problem in itself, considering that several regions in Indonesia still embrace the culture of forced Marriage. At the same time, on the other hand, many parties say that it violates human rights, while many cultural practices then derogate many human rights. Then how does the TPKS Law see forced Marriage, which in some regions is legalized by customary laws? To answer this, this study uses a normative legal research methodology through a statutory approach. The collection of legal materials will involve an examination of relevant regulations, which will then be analyzed comprehensively to arrive at conclusions that answer the research questions. This study find that (1) policies regarding forced marriages conducted under the guise of culture have been regulated in the TPKS, thus changing actions that were previously not considered criminal offenses into criminal offenses that can be subject to legal sanctions. (2) Legal protection against forced Marriage under the guise of culture is divided into two forms of protection, namely preventive protection carried out by the central and regional governments and repressive protection in the form of imposing sanctions on perpetrators, accompanied by various additional sanctions and providing rights for victims during the judicial process and afterward.

또래괴롭힘 가해 및 피해 심각성과 공감적 분노 및 슬픔 간의 관계와 공감적 분노 및 슬픔의 또래괴롭힘 방어행동에 대한 영향

Objective: This study aims to determine how the main and interaction effects of peer bullying and victim severity level affect empathic anger and empathic sadness, and to examine relative influence of empathic anger and empathic sadness on defensive behavior against peer bullying. 
 Methods: The participants were 482 first and second year middle school students. Using a scenario-based factorial design, The participants were provided with one of four questionnaires based on a combination of the severity of bullying and victim in peer bullying situations, and questions measuring empathic anger and sadness, the severity of bullying and victim perceived by youth, and defensive behavior. responded. Data analysis methods included reliability Cronbach' α, t-test, two-way Anova, Pearson correlation analysis, and multiple regression analysis. These were analyzed using SPSS version 25.0.
 Results: First, both empathic anger and sadness in adolescents showed differences depending on the severity level of peer bullying. A significant difference presented only in empathic sadness depending on the severity level of victimization. The interaction effect between bullying and victim severity appeared only for empathic anger. Second, empathic anger and empathic sadness had a significant effect only on adolescents' prosocial defensive behavior. Neither empathic anger nor sadness had a significant effect on aggressive defensive behavior.
 Conclusions: First, in a situation of peer bullying, surrounding peers must first empathize with the victim's pain in order for anger toward the bully to arise. Second, to increase pro-social defensive behavior, surrounding peers have to sympathize with the victim's pain and simultaneously be morally sensitive to bullying that violates the victim's well-being and rights.

CIVIL-LEGAL LIABILITY FOR VIOLATION OF HOUSING RIGHTS: ISSUES OF THEORY AND PRACTICE

Research objective. The need to identify the specifics of civil liability for various violations of housing rights in the absence of systemic legal regulation of liability issues, including civil liability, in the acts of housing legislation, and fragmentary nature of their study in the modern science of housing law predetermines the necessity to identify the specifics of civil liability for various violations of housing rights. In the context of continuous changes in housing legislation and development of judicial practice, expansion of the scope of application of civil law means and strengthening of inter-branch interaction, further development of the theory of civil law liability in case of violation of housing rights is obviously relevant. The article considers various types of civil liability in the housing sphere, which is of great social importance, it systematises them, and reveals the problems of bringing to civil liability of subjects of housing legal relations in case of non-performance or improper performance of their duties. The purpose of the study is both a comprehensive analysis of the application of the institute of civil liability in the housing sphere, and identification of the peculiarities of civil liability in case of violation of housing rights. Conclusions. As a result of the conducted research, the author comes to the conclusion that civil liability in the housing sphere is a secured state coercion imposition on the participants of housing legal relations of additional adverse consequences of property nature through the application of property sanctions for committing housing offences, aimed at restoring the violated housing rights of victims or preventing their violation. The civil-law nature of a significant array of housing relations creates the potential for the large-scale application of civil-law remedies, including such an important one as civil-law liability. The applied measures of civil liability for offences in the housing sphere are affected by the opposite effect of the sectoral peculiarities of housing law. The specificity of civil liability for violation of housing rights is conditioned by the peculiarities of the legal regime of residential premises, which is simultaneously the object of housing and civil legal relations, and consists in a significant number of legal requirements to the residential premises themselves. The legal regime of residential premises predetermines predominantly peremptory statutory nature of civil liability, manifested both in the establishment of the form of liability and its amount. The basis for bringing to civil liability in the housing sphere is non-fulfilment or improper fulfilment by the subjects of the obligations included in the content of proprietary, obligatory or corporate legal relations, the object of which is residential premises. Civil liability in the housing sphere may be not only of a restorative nature aimed at restoring violated housing rights, but also of a preventive nature in the form of deprivation or restriction of the subjective housing right, if the use of residential premises violates its qualitative characteristics as an object of housing rights. Most civil liability measures are aimed at ensuring the safety and maintenance of residential premises in a fit for purpose condition. Further improvement of protective norms of housing legislation on civil liability will contribute to the effective protection of housing rights against violations.

Civil substantive and procedural legal means of securing reparations for Ukraine

The subject of the study is the forms of reparations for damage and the procedural means of obtaining them within the institutions which constitute transitional justice and which should comply with international standards. The purpose of the article is to determine the directions for institutional changes in the procedure and peculiarities of compensation for damage caused to individuals by the armed aggression of the russian federation, primarily in national courts in the context of legal institutions of transitional justice. To obtain the results of the study, the author used general scientific and special legal methods, in particular, analysis, generalisation, and comparative legal analysis.
 The conditions for balanced fulfilment of transitional justice tasks in the context of fair reparations for victims have been investigated. The legal means aimed at obtaining reparations for damage caused as a result of armed aggression have been considered. The author identifies the types and role of legal immunities and amnesties as means of reconciliation, their conditions of implementation and application in relation to the effectiveness and availability of reparations for gross human rights violations and war crimes. The forms of reparations that should be guaranteed to victims for the relevant crimes have been investigated.
 The results of the study are a new special approach to determining the relationship between substantive and related procedural legal means of transitional justice that may affect reparations at the national level. The role of amnesties and immunities as legal incentives and means of influencing the effectiveness and accessibility of reparations to victims has been identified and generalised. The provisions on ensuring a balanced ratio of private and public interests in the implementation of transitional justice elements have been further developed. The author identifies areas for a balanced combination of legal means and increasing their effectiveness to ensure the goals of transitional justice.
 The results of the study can be used in educational, law-making, law interpretation and law enforcement processes, in particular in civil proceedings in Ukraine. Practical significance lies in the possibility of applying the results in determining procedural ways to protect the rights of victims.

Victimological principles of criminal law of Ukraine: on the way to approximation of international standards

The Constitution of Ukraine unequivocally establishes human life and health as paramount societal values, placing the onus on the state to redress damages resulting from criminal acts. Article 1177 of the Civil Code of Ukraine asserts the right of victims to compensation for harm inflicted upon them due to criminal offenses. Despite this constitutional commitment, a notable gap persists in Ukrainian legislation concerning comprehensive measures for the compensation and restitution of crime victims. This lacuna necessitates the implementation of new legal measures to ensure the equitable treatment of victims within the national legal framework. The exigency of this matter is accentuated by the current hostilities in Ukraine, prompting a critical alignment of domestic legislation with pertinent international agreements. To address this void, an in-depth analysis of international and European legal principles is undertaken to derive foundational concepts for the victimological framework within Ukrainian criminal law. The examination of these external legal frameworks seeks to inform and shape domestic legislation, fostering a more just and inclusive legal landscape for victims of criminal offenses in Ukraine, particularly in the context of the nation's ongoing challenges and the imperative to harmonize with international standards. In light of the pressing need to fortify the rights and protections afforded to crime victims, the proposed legal measures aim to bridge the existing gaps in Ukrainian law. By drawing upon international and European legal principles, the objective is to establish a robust framework that not only compensates victims for harm suffered but also ensures their rights are safeguarded throughout the criminal justice process. The ongoing hostilities in Ukraine serve as a stark reminder of the urgency to fortify legal provisions that protect and compensate victims. Aligning with international standards will not only enhance the domestic legal landscape but also reinforce Ukraine's commitment to human rights and justice in the face of unprecedented challenges. As the nation strives for resilience in the midst of adversity, a comprehensive victimological framework rooted in global legal principles is crucial for building a fair and inclusive society.
 
 Keywords: victimology, the victim of a criminal offense, approximation, treatment, compensation, restitution

Juridical Analysis of Abortion Legalization in Government Regulation Number 61 Of 2014 Concerning Reproduction Health

Purpose: the purpose of this treatise is to enshrine the legalization of abortion in Government Regulation Number 61 of 2014. This is an analysis of laws originating from statutory regulations. Theoretical reference: The definition of abortion or abortion according to the World Health Organization (WHO) is the cessation of fruitful life during pregnancy under 28 weeks or a fetus weighing less than 1000 grams. The act of abortion that is carried out intentionally is called abortion provocatus. Gynecological age for abortion or abortion World Health Organization (WHO) which states that 24 weeks of gestation is the maximum safe gestational age for women to have an abortion. Method: Research results from doctrinal studies with a legislative approach . Doctrinal research results from studying the regulations relating to abortion law in Indonesia, while the legislative approach used in this research aims to see and analyze in depth how the regulations regarding abortion in Indonesia are enforced. To strengthen the analysis, this research also uses several research results related to abortion. Apart from that, this research also uses various information related to abortion case data, this is used so that the analysis carried out is accurate and appropriate to the abortion issues and problems that occur in Indonesia. Results and Conclusion: Abortion of a pregnancy resulting from rape which can cause psychological trauma to the rape victim can only be carried out if the conditions specified in Article 75 paragraph (3) and Article 76 of the Law of the Republic of Indonesia Number 36 of 2009 concerning Health have been met. Pregnancy as a result of rape violates the reproductive rights of rape victims, therefore the exclusion of abortion for rape victims aims to provide guarantees and legal protection of rape victims' reproductive rights as a manifestation of human rights. Thus it can be concluded that Article 31 of Government Regulation Number 61 of 2014 concerning Reproductive Health can be carried out based on indications regarding medical emergencies. Implications of research: Government Regulation Number 61 Of 2014 Concerning Reproduction Health Originality/value: Abortion, Reproductive health, legalization.

Challenges in Protecting Trafficking Victims' Rights in Indonesia

This research focuses on the critical analysis of legal frameworks in Indonesia concerning the protection of witnesses and victims in human trafficking cases, scrutinizing the effectiveness and challenges from a perspective of dignified justice. Emphasizing the need for a fair judiciary system, the study delves into the implementation of existing laws and regulations related to the rights and protection of witnesses and victims in Trafficking in Persons (TPP) cases. Employing a normative legal methodology, the research extensively analyzes national and international norms and legal materials, including comparisons between national laws and international conventions such as the Palermo Protocol. Findings reveal that inadequate understanding and awareness among law enforcement about the significance of these rights, coupled with resource constraints, result in identity rights violations for witnesses and victims. Furthermore, challenges such as the perceived threats to witnesses and victims, limited human and financial resources in law enforcement agencies, legal uncertainties in TPP case handling, insufficient international cooperation in law enforcement, and the difficulty in balancing the rights of victims and defendants are identified. The study also highlights the importance of rehabilitation and reintegration policies for victims, suggesting that successful combat against human trafficking transcends judicial processes. Consequently, this research not only investigates existing laws and policies but also identifies gaps and potential improvements to ensure that witness and victim protection in combating TPP aligns with principles of dignified justice. The aim is to contribute significantly to developing a more effective, fair, and rights-sensitive judicial system in Indonesia.
 Highlights:
 
 Law Enforcement Gaps: Limited awareness and resources in protecting victims' rights.
 Legal and International Hurdles: Challenges in TPP case handling and cross-border cooperation.
 Rights Balance: Need for equilibrium between victim protection and defendant fairness.
 
 Keywords: Human Trafficking, Witness Protection, Legal Framework, Indonesia, Rights of Victims

Special Correctional Education under the Classification of Delinquent Behavior

Special correctional education, as a unique disposition measure for delinquent behaviour, has independent attributes that distinguish it from special education as a "punitive measure with protective purpose." The newly revised "Law of the People's Republic of China on the Prevention of Juvenile Delinquency" does not clearly distinguish between "delinquent behaviour" and "public order offenses" and fails to reflect the requirements of hierarchical prevention. To promote the improvement of special correctional education, it is necessary to establish a classification system for its application criteria, build independently designated schools, design diverse and dynamic disposition measures, improve the decision rules for measure application, and construct comprehensive correctional content to shape the operation of special correctional education for delinquent minors. This will address the practical dilemma of releasing delinquent youth without appropriate follow-up measures and achieve the goals of rehabilitating delinquent minors, reinstating the rights of victims, and restoring social order.