Reconstruction of Restitution Regulations for Migrant Workers Who Are Victims of Human Trafficking: A Maqashid Sharia Perspective in South Kalimantan

Abstract

The protection of migrant workers, particularly those who are victims of human
trafficking, is a critical issue requiring comprehensive attention. As a country with a significant
number of migrant workers, Indonesia bears a fundamental responsibility to provide legal
protection. Although Law Number 18 of 2017 has been enacted, the implementation of restitution
for victims of human trafficking in South Kalimantan remains suboptimal. Restitution is essential
for recovering the material and immaterial losses of victims and serves as a deterrent for
perpetrators. This study aims to reconstruct restitution regulations for migrant workers who are
victims of human trafficking in South Kalimantan using the Maqashid Sharia perspective, with the
goal of creating a more comprehensive, just, and humane protection system.
This study employs a socio-legal research method that combines normative and
sociological approaches. Normative Approach: Analyzes statutory regulations related to restitution
for migrant workers who are victims of human trafficking, including Law No. 21 of 2007 and Law
No. 13 of 2006. Sociological Approach examines the implementation of restitution regulations in
South Kalimantan and identifies social, economic, and cultural factors that influence their
effectiveness. Data collection methods include literature studies, interviews with stakeholders
(victims, law enforcement, NGOs), and field observations. The collected data is analyzed
qualitatively using descriptive and interpretive methods.
The implementation of restitution regulations in South Kalimantan faces multidimensional
challenges, such as weak inter-agency coordination, negative stigma toward victims, and low public
awareness of victims’ rights. Maqashid Sharia offers a holistic framework for reconstructing
restitution regulations through its core principles: Hifdz An-Nafs (Protection of Life): Emphasizes
optimal protection and recovery for victims, considering human trafficking a severe violation of
human rights, Hifdz Al-Mal (Protection of Property): Acknowledges victims’ rights to lost assets
and earnings due to trafficking, Implementation of Maqashid Sharia in restitution regulations can
be realized through expanding the scope of restitution (covering both material and immaterial
damages), Increasing the amount of compensation, Simplifying the application procedures,
Establishing a specialized restitution management institution, Enhancing community involvement
in victim support. Reconstructing restitution regulations for migrant worker victims of human
trafficking in South Kalimantan from the perspective of Maqashid Sharia is a crucial step to
strengthen legal protection. Integrating the values of Maqashid Sharia is expected to foster more
comprehensive and meaningful justice for the victims, while also contributing to the prevention
and eradication of human trafficking in Indonesia.