FOCUS: Journal of Social Studies
Vol 7 No 02 (2026): FOCUS: Jurnal Studi Sosial

Perlindungan Hukum terhadap Saksi Korban dalam Tindak Pidana Perdagangan Orang: Analisis Kesenjangan Das Sollen–Das Sein dan Keadilan Substantif

Jackson Jeremi (IBLAM School of Law)
Marjan Miharja (IBLAM School of Law)



Article Info

Publish Date
28 Aug 2026

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.

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Journal Info

Abbrev

focus

Publisher

Subject

Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

FOCUS is a Journal of Social Studies Manuscripts for FOCUS must fall into one of the following categories: 1. Sociology 2. Anthropology 3. Psychology 4. Economy 5. Social Geography 6. Politics 7. History 8. Other Social ...