PERAN DAN TANGGUNG JAWAB PEMERINTAH DALAM PEMENUHAN HAK KORBAN TPPO DI INDONESIA

Ipan Raja Hasibuan, NIM.: 22103070126 (2026) PERAN DAN TANGGUNG JAWAB PEMERINTAH DALAM PEMENUHAN HAK KORBAN TPPO DI INDONESIA. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Human Trafficking (TPPO) is a transnational crime that violates human rights and causes harm to victims. Within the context of a state based on the rule of law (Rechtsstaat), the government bears the constitutional responsibility to guarantee the rights of its citizens, ensuring that their protection and fulfillment align with the principles of good governance and the objectives of Islamic law. This study aims to analyze the normative conformity of the government's roles and responsibilities in fulfilling the rights of victims of TIP in Indonesia, specifically as stipulated in Government Regulation (PP) Number 9 of 2008 and Law Number 21 of 2007. The analysis in this study utilizes three main analytical tools: the theory of the Rule of Law (Rechtsstaat), the principles of Good Governance, and the perspective of Maqāṣid al-Syarīʿah (the principles of Islamic law). The research method used is a normative juridical approach with a statute approach. This research is descriptive-analytical, utilizing secondary data sources consisting of primary, secondary, and tertiary legal materials. This research also employed a mixed-method approach, which served as supporting data. Data collection was conducted through a literature review, which was then analyzed qualitatively to address the research questions regarding the suitability and effectiveness of regulations with theory. The results show that, from a State of Law (Rechtsstaat) perspective, regulations on the fulfillment of the rights of victims of human trafficking (TPPO) legally accommodate the principles of the supremacy of law and human rights protection through the codification of rights to restitution, rehabilitation, and legal aid. However, there is a formal imbalance in procedural law regulations, where victims' rights to recovery are normatively subordinate to the criminal process for the perpetrator. Furthermore, from a Good Governance perspective, existing regulations outline an accountability framework for the governance of the fulfillment of victims' rights through the establishment of coordinating institutions. However, the guarantees of protection for victims within these regulations are not yet strong and clear, particularly regarding the rules for submitting and fulfilling restitution, which do not establish a mechanism for direct intervention or guarantees from the state in the event of the perpetrator's inability to pay. And in the perspective of Maqasid asy-Syari'ah, the substance of the regulation of the fulfillment of the rights of victims of human trafficking is normatively in line with efforts to protect the five main elements (al-daruriyyat al-khams), namely protection of the soul (hifz an-nafs) through medical rehabilitation regulations, protection of property (hifz al-mal) through restitution regulations, and protection of reason, descendants, and religion through social reintegration clauses and psychosocial assistance.

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