ANALISIS YURIDIS TINDAK PIDANA PERDAGANGAN ORANG (HUMAN TRAFFICKING) DI INDONESIA: PERLINDUNGAN HUKUM BAGI KORBAN DAN PENEGAKAN HUKUM TERHADAP PELAKU

Abstract

Human trafficking is an extraordinary crime that violates human rights and human dignity. Indonesia has Law Number 21 of 2007 on the Eradication of Trafficking in Persons (UU PTPPO) which adopts the principles of the Palermo Protocol. However, the implementation of this regulation still faces various obstacles. This normative legal research examines the legal arrangements for trafficking in persons in Indonesia and analyzes law enforcement efforts against perpetrators, including the constraints faced. The study employs statutory, conceptual, and case approaches, utilizing primary legal materials including UU PTPPO, the Criminal Code, and the Palermo Protocol, as well as secondary sources and court decisions. The findings reveal that although Indonesia has a comprehensive legal framework, law enforcement faces significant challenges such as difficulties in evidence gathering, lack of inter-agency coordination, victims' reluctance to testify due to trauma or threats, limited budgets and human resources, and the imposition of sentences below the minimum threshold. The research concludes that optimizing trafficking eradication requires strengthening the institutional capacity of law enforcement, consistent sentencing with restorative justice approach, enhanced victim protection through fulfillment of restitution rights and rehabilitation access, and increased public awareness. A victim-centered approach is essential to achieve substantive justice for trafficking victims.