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All Journal FOCUS: Journal of Social Studies
Jackson Jeremi
IBLAM School of Law
Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Perlindungan Hukum terhadap Saksi Korban dalam Tindak Pidana Perdagangan Orang: Analisis Kesenjangan Das Sollen–Das Sein dan Keadilan Substantif Jackson Jeremi; Marjan Miharja
FOCUS Vol 7 No 02 (2026): FOCUS: Jurnal Studi Sosial
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/fcs.v7i02.2258

Abstract

Human trafficking is a serious crime that undermines human dignity and causes physical, psychological, and socio-economic harm to victims. In the adjudication of trafficking cases, victim witnesses play a crucial role as primary sources of evidence, yet they remain vulnerable to threats, pressure, and revictimization. Normatively, Indonesian law has established a relatively comprehensive protection framework through the anti-trafficking law and witness protection law. However, in judicial practice, a gap persists between legal norms and their implementation. This study aims to analyze the forms of legal protection for victim witnesses in human trafficking cases and to evaluate their application in Decision Number 65/Pid.Sus/2020 from the perspective of the theory of justice. The research employs a normative juridical method using a qualitative approach based on literature review and legal analysis. The findings indicate that legal protection for victim witnesses has normatively covered aspects of security, confidentiality, legal assistance, and restitution as a form of recovery. Nevertheless, such protections are not fully reflected in judicial reasoning and rulings, which remain focused on punishing offenders. This condition demonstrates that justice achieved in practice is still formal and has not fully realized substantive justice for victims.
Co-Authors Marjan Miharja