The Reconstruction of Criminal Legal Policy in an Effort to Combating the Criminal Act of Human Trafficking Based on The Values of Justice

Abstract

Trading man is one from crime transnational which is threat to global security. This research’s objectives are: 1) analyze criminal law policy on human trafficking that lacks a justice-based approach; 2) identify current policy weaknesses; and 3) propose a reconstruction of criminal law policy to combat human trafficking based on justice principles. The Research methods use paradigm constructivism, with method approach legal sociological. and type study descriptive. The type and source of data uses secondary data in the form of material primary law, material law secondary, and legal data tertiary. Data collection method using bibliography, and methods analysis qualitative. The research results are: 1) Current criminal law policy in addressing human trafficking is not yet based on justice values, particularly regarding restitution, as stated in Law No. 21 of 2007 on the Eradication of Human Trafficking. While the law provides for restitution, it lacks practical implementation aligned with constitutional justice, requiring more than just regulatory provisions; 2) Weaknesses in the criminal law approach include: a) Substantive weaknesses on Law No. 21 of 2007 contradicts the principle of victim-oriented justice by not fully supporting victims’ rights; b) Structural weaknesses, lack of professionalism among law enforcement hampers effective legal enforcement; c) Cultural weaknesses, low legal awareness in Indonesian society leads some victims to feel satisfied with prison sentences alone, neglecting their right to restitution and recovery; 3) Reconstruction of criminal law policy in combating human trafficking should now be justice-based, focusing on both value and normative reconstruction. This involves aligning legal norms with justice principles and reconstructing regulations, particularly Law No. 21 of 2007 Articles 2(1) and 51(1), and Government Regulation No. 7 of 2018 Article 2(1), to ensure fair, justice-based criminal law policy in combating human trafficking.