Kebijakan Formulatif Tindak Pidana Perdagangan Orang (Trafficking)

The crime of trafficking in persons is considered a new crime in the legal system in Indonesia even though the act of trafficking in persons has been occurring in Indonesia for a long time. This research uses empirical juridical legal research methods, namely legal research regarding the enactment or implementation of normative legal provisions in action at each specific legal event that occurs in society. This research aims to determine criminal sanctions to prevent criminal acts of human trafficking (TTPO), current efforts to prevent and handle criminal acts of human trafficking (TTPO) as well as the implementation of criminal sanctions policies in efforts to prevent criminal acts of human trafficking (TTPO). The results of this research state that Law Number 21 of 2007 concerning the Crime of Human Trafficking is the legal umbrella in this case. In this case, it is known that the formulation of the criminal sanction policy for the crime of trafficking in persons which will be included in the National Criminal Code Bill must be much better than the formulation of the crime of trafficking in persons in positive law. The application of criminal sanctions in efforts to prevent criminal acts of human trafficking (TTPO) is based on the theory of justice stated thar justice can change but the essence of justice always exists in human life and social life.

The crime of human trafficking is a form of modern human slavery. Apart from that, the criminal act of human trafficking is one of the worst forms of treatment that violates human dignity. Apart from investigating and arresting perpetrators, Immigration can also block the movement of perpetrators, prevent perpetrators from entering and exiting the country, and carry out deportation if necessary. Mahfud MD said that the human trafficking network syndicate in Batam was not an ordinary network because it was well coordinated. Mahfud assessed that the indications of alleged drownings must be investigated further. Moreover, the number of cases is not small in various parts of the world. There are various modes. Prevention is carried out by Immigration to prevent the crime of trafficking in persons by increasing monitoring at the border, tightening the provision of passports, especially to people who are still of productive age, to prevent them from becoming victims of the crime of trafficking in persons abroad, which means that the immigration authorities are regarding this crime of trafficking in persons. must increase supervision so that it can prevent the occurrence of criminal acts of human trafficking, so that the crime rate of criminal acts of human trafficking is reduced.

Cases of criminal acts of trafficking in persons in certain cases are usually related to cases of criminal acts in the field of employment. To achieve legal certainty in law enforcement, especially for perpetrators of trafficking in persons and crimes in the field of employment, the principle of a legal state that has legislation as its rules is needed, law enforcement officers who are professional, have integrity and discipline, so that the law becomes a central thing in regulating and controlling the life of the nation and state. The crime of human trafficking is a general criminal case in which the prosecutor's handling process acts as a Public Prosecutor and other authorities are regulated by law. The prosecutor's office in the law enforcement process in Indonesia handles various types of criminal cases, one of which is the crime of human trafficking and employment crimes. This research aims to find out the role of the Republic of Indonesia Prosecutor's Office in Law Enforcement against Human Trafficking Crimes and Crimes in the Employment Sector. The approach method used in this research is normative juridical research (normative legal research method). The crime of trafficking in persons and the crime of employment have an interrelated modus operandi, where in this case there is an act of recruiting several people to serve as workers for a company, but these workers experience physical and psychological exploitation. In the Republic of Indonesia Prosecutor's Regulation Number 3 of 2024 concerning the Fourth Amendment to the Attorney General's Regulation Number PER-006/A/Ja/07/2017 concerning the Organization and Work Procedures of the Republic of Indonesia Prosecutor's Office contains the authority of the Prosecutor's Office in handling Human Trafficking and Employment Crime Cases.

Trafficking in persons is regulated in Law Number 21 of 2007 concerning eradicating the Crime of Trafficking in Persons. One form of legal protection for victims is the provision of compensation in the form of restitution. Children and women were often victims of the crime of trafficking in persons. The problem how is the application of compensation in the form of restitution to children as victims of criminal acts of trafficking in persons in the jurisdiction of the city of Padang. What are the obstacles in the application of compensation in the form of restitution to children as victims of criminal acts of trafficking in persons in the jurisdiction of the city of Padang? The study uses an empirical legal. Data collection techniques are through interviews and document studies, and data analysis is qualitative. The conclusion is the application of restitution for children who are victims of criminal acts of trafficking in persons in the jurisdiction of the city of Padang has not been optimal. The obstacle in implementing restitution for children as victims of the crime of trafficking in persons is the lack of awareness of law enforcement officers on victim protection, especially restitution, which results in the rights of the victims of criminal acts being often neglected because they tend to be law enforcement are more focused on imposing criminal charges against perpetrators.

Human trafficking, also known as human trafficking, is a new form of transnational crime that is increasingly rampant. The crime of trafficking in persons is a modern form of human slavery, the crime of trafficking in persons, has expanded in the form of a network of organized and unorganized crimes. The crime of trafficking in persons even involves not only individuals but also corporations and state administrators who abuse their authority and power, According to Law Number 21 of 2007 concerning the Eradication of Trafficking in Persons Article 1 paragraph (1), human trafficking is the act of recruiting, transporting, sheltering, sending, transferring or receiving a person with the threat of violence, use of violence, kidnapping, detention, forgery, fraud, abuse of power or vulnerable position, debt entanglement or payment or benefit, This type of research is normative legal research, namely research that has the object of study on legal rules or rules. Legal protection for victims of human trafficking is very important, so various efforts are made so that they get the right to become useful human beings before returning to society. As well as efforts to empower economically and educationally so that victims are not trapped again in human trafficking. Adequate legal protection for victims of crime is not only a national issue, but also an international one, because this needs to receive serious attention, including victims of human trafficking. Victims of crime, who are basically the parties who suffer the most in a criminal act, do not receive as much protection as the law gives to criminals. As a result, after the perpetrator of the crime has been sentenced to criminal sanctions by the court, the victim's condition is not cared for.

The crime of trafficking in persons is a very serious global issue, because many actors are interrelated, both as countries of origin, as well as countries of destination as well as transit countries. Therefore, various efforts must be made in combating this crime of human trafficking and must also involve many parties including the government, law enforcement, civil society, media, migrant workers, as well as transit and destination countries. The obstacle faced by Indonesian law enforcement is due to the lack of reports from victims of this human trafficking crime because they are already in other countries. The purpose of this article is to analyze and describe the effectiveness of Law Number 21 of 2007 concerning Eradication of the Crime of Trafficking in Persons and the Effectiveness of Law Number 36 of 2009 concerning Health Regulating the Prohibition of Trafficking in Human Organs. The method used is descriptive qualitative. The results of this study (1) Implementation of Law no. 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons is deemed ineffective if it does not involve many countries, because there is still a lot of human trafficking, especially women and children for the purpose of sexual exploitation as commercial sex workers and exploitation of pornography (2) Law Number 36 Year 2009 concerning Health, especially in Article 92 which mentions the Functionalization of Criminal Law Against Acts, namely "Everyone who deliberately trades organs or body tissues under any pretext as referred to in Article 64 paragraph (3) shall be punished with imprisonment for a maximum of 10 (ten) years. and a maximum fine of Rp. 1,000,000,000.00 (one billion rupiah)''.

Statistics have shown increasing trend of the crime of “trafficking in persons”, in various parts of the world, including China, Iran, Russia, Sudan, Syria, Malaysia and few others. Sometimes known as “human trafficking” or “modern slavery”, past research has pointed that the use of technology is predominant in leading to the crime of trafficking in persons. In the era of information society and network society alike, technology is not only resorted to for the advantage of the users, but such also as removing geographical boundaries, enhanced efficiencies, communication, and commerce. On the other hand, it also works against the benefit on humankind, particularly in this study, in facilitating the crime of trafficking in persons. Henceforth, this study investigates the role of technology in facilitating the crime of trafficking in persons. The methodology engaged in this study is doctrinal research, involving review of literature, statistics, government reports, archival documents and relevant cases on human trafficking. The study found that technology plays a significant role in facilitating human trafficking from four main dimensions, being (1) recruitment and advertisement, (2) transportation, (3) exploitation, and (4) financial management. At each of these dimensions, technology becomes the enabler and communication tool to empower perpetrators in engaging in the crime of trafficking in persons. The findings of the study are significant to contribute to the body of knowledge in the areas of cybercrimes and trafficking in persons. Hopefully, the findings of the study would shed light into future research on these key areas, particularly towards achieving the 16th goal of the United Nation’s sustainable development goals for peace, justice and strong institutions (SDG-16)

The crime of trafficking in persons (TPPO) is an extraordinary crime that must be eradicated together. Anyone can become a victim, be it men, women, even children. This study aims to find out the form of legal arrangements for children who are victims of the crime of trafficking in persons in the old Criminal Code (KUHP) and the new Criminal Code in Law Number 1 of 2023 concerning the Criminal Code. The type of research used in this research is normative legal research. The approach used in this paper is the statutory approach and the comparative approach. The results of the study show that in the latest Criminal Code there is a detailed explanation regarding the crime of trafficking in persons, which regulates corporations, regarding the act of recruiting, transporting, harboring, sending, transferring or receiving a person, through threats of violence, use of force, kidnapping, confinement , forgery, fraud, abuse of power or position of vulnerability, debt bondage, or giving payments or benefits, as well as the minimum and maximum penalties that have been categorized in Law Number 1 of 2023.

This chapter forms the substantive section on the historical genesis of the crime of trafficking in persons under international law. The chapter intends to provide the reader with a historical understanding of the stages and phases that took place and which finally resulted in the international community adopting the current TIP Protocol 2000 which provides the most widely accepted definition of what amounts to trafficking in persons. The chapter defines the crime of human trafficking and analyses its constituent three elements of the action, means and purpose elements and points out its implications for the states parties to the TIP ProtocolTIP Protocol 2000 and the Organised Crime Convention 2000. The chapter examines almost all the individual constitutive components of the action, means and purpose elements. This analysis serves to lay a foundation for examining the criminalisation provisions of the Anti-Trafficking in Persons Act 2008 in Chap. 7 . It also helps to gauge Tanzania's compliance or implementation of its international and domestic anti-trafficking obligations assumed under the TIP Protocol 2000 in so far as the obligation to criminalise the crime of trafficking in persons is concerned.

Indonesia is in a state of emergency for the crime of trafficking in persons. The need for employment has caused many Indonesian workers to become victims of human trafficking. The crime of trafficking in persons is a violation of human rights to human freedom to work according to one's own will and not be forced and tortured in doing work. The district court as the executor of judicial power in the field of general crimes plays a role in enforcing the law and providing justice, one of which is by imposing restitution decisions for victims of human crimes. The technical rules for implementing restitution are important so that substantive justice for victims of trafficking in persons can be recovered materially.

Human Rights (HAM) is a fundamental right of all mankind as a gift of God inherent in human beings, natural, universal, eternal associated with human dignity, equally owned by all people, regardless of gender, nationality, religion, age, language, social status, political views, etc. One of the problems related to human rights in Indonesia is the crime of trafficking in Persons which is one form recruitment, delivery, transfer, protection or acceptance of a person, by threat or use of force or any form of coercion, kidnapping, deception, lying, or other abuse of power, or vulnerable position or giving or receiving payments or obtaining benefits to obtain the consent of someone who has power over others, for the purpose of exploitation. the purpose of this article is to determine the ratio decidendi judge's decision against the provision of compensation to victims of trafficking in persons of decision number: 584/K/pid.Sus/2013/Pn Sby and to determine the recidendi ratio which is an inhibiting factor so that it does not deberikannya compensation to victims of trafficking in Persons Decision No. 12 / Pid.Sus / 2021 / PN Kpg. The results showed that: (1) based on the consideration of the Supreme Court in the decision of the trafficking in persons case above, the ratio decidendi used in providing compensation to victims of trafficking in persons in the above decision is the provision of compensation is a citizen's right, the distribution of compensation is intended as assistance or to ensure the welfare of victims of crime and as Social Security. (2) inhibiting factors so that the crime of trafficking in Persons is not given in decision Number 12/Pid.Sus / 2021 / PN Kpg namely: legal factors and the unavailability of compensation implementation guidelines.

The crime of trafficking in persons is something that has often happened that cannot be denied. So that this matter became a special concern for the Government of Indonesia, which in the end issued the regulation of Law Number 21 of 2007 concerning the Eradication of the Criminal Acts of Trafficking in Persons. The main problem in this research is criminal liability for the attempted criminal act of trafficking in persons and the judge's consideration in sentencing the perpetrators who attempted the criminal act of trafficking in persons in the decision Number 54/Pid.Sus/2021/PN.Lsm. This type of research is included in the normative juridical law research group. Meanwhile, judging from its nature, this research is a complete, detailed, and clear description of a reality. Criminal liability for attempted criminal acts of trafficking in persons in Law Number 21 of 2017 concerning the Eradication of the Crime of Trafficking in Persons is different from liability for attempted criminal acts regulated in the Criminal Code. The difference is that in Article 53 paragraph (2) and paragraph (3) of the Criminal Code the sentence imposed is reduced by one third, while according to Article 10 of Law Number 21 of 2017 concerning the Eradication of the Crime of Trafficking in Persons, the criminal sanctions imposed are not reduced by one third, but are equated with the deed is done. The judge's consideration in imposing a criminal sentence on the attempted criminal act of trafficking in persons in the decision Number 54/Pid.Sus/2021/PN.Lsm is based on evidence, testimony of witnesses, testimony of the defendant and based on the facts revealed in the trial and also consider the aggravating reasons and mitigating reasons from the defendant, and with the judge's conviction, the verdict handed down in this case is a prison sentence of 3 (three) years and a fine of Rp.120,000,000, - so that the judge's consideration in The author considers that the sentence is appropriate because it is appropriate and fulfills these elements. It is recommended that the criminal liability imposed can provide a deterrent effect on the perpetrators. Judges in making decisions are expected to consider everything presented in the trial, in addition to juridical considerations, judges are also expected to carry out non-juridical considerations.

This study aims to find out and analyze the role of the prosecutor's office in determining the right to restitution for the crime of trafficking in persons based on case number 27/Pid.sus/2019/PN.Kpg. This research is a normative legal research (library research) supported by empirical data. This research focuses on the Role of the Prosecutor's Office in Determining the Right to Restitution for the Crime of Trafficking in Persons. The approach used in this study is the case approach. This research uses primary legal materials, secondary legal materials and tertiary legal materials. This legal research is analyzed using the Content Analysis legal material analysis technique. The results of this study show that (1) The existence of restitution is contained in Law Number 21 of 2007 concerning Trafficking, Article 4 of Perma No. 1 of 2022, and is contained in the Criminal Procedure Code. (2) The role of the prosecutor's office in determining the right to restitution of victims in the crime of trafficking in persons is to inform the victim of their rights in submitting restitution applications to the court, so that the suggestions that can be given to law enforcers, especially the Public Prosecutor, should be given socialization or training regarding Law Number 21 of 2007 concerning the Eradication of Trafficking in Persons, especially the provision of restitution, so that there is a common perception in handling cases of human trafficking.

The crime of trafficking in persons, especially in sexual exploitation, is still common in Indonesia. So that the existence of this criminal act injures the ethics of life which has been implied in the TAP MPR RI Number VI / MPR / 2001, also considering that the victims, who are mostly women and children, need legal protection from a victimology perspective. So from here the writer wants to discuss about knowing the criminal law policy of sexual exploitation in Indonesia and analyzing the policy from a victimology perspective. The method used by the author is normative juridical by reviewing the current criminal law policy on child sexual exploitation as well as how the viewpoint is from a victimological perspective. In the regulation of the crime of trafficking in persons in Law Number 21 of 2007, there are three main elements, namely the recruitment / sending / acceptance of persons, the existence of coercion or threats, and finally the goal is to lead to sexual exploitation or other forms. And in Law Number 35 of 2014 concerning child protection it also regulates this and the two regulations regulate slightly different protection. In the victimology of legal protection from the law on trafficking in persons, it is more repressive in nature, while the child protection law has preventive and repressive stages and the second punishment given to the perpetrator is also severe for the justice of the victim.

Human trafficking as a form of adult crime has been very widespread. Carried out by an organized network, crossing national borders using various methods to sophisticated technology. By involving cross-country organizations and by using sophisticated technology, trafficking in persons is a crime that requires systematic and comprehensive treatment. Trafficking in persons is not only a matter of a country, but rather a cross-country or international problem. The purpose of this study was to determine the criminal policy against the prevention of criminal acts of civilization, the method of writing is normative juridical.
 The results of the study show that strategies and policies for handling it cannot be expected by only using criminal law facilities, but also non-criminal means. Legal policies are carried out on preventing the crime of trafficking in persons, particularly criminal law which is oriented to the protection and guarantees of human rights law. The aim is to protect the human rights of every citizen, which is not only oriented to the giving of punishments and non-punishments to perpetrators, but is prioritized to protect witnesses and victims, so prevention efforts must be optimal, synergistic, integrated and sustainable, coordinated, involving all components in society. Indonesia is a country that is vulnerable to the crime of trafficking in persons, because the archipelago, a large population, with an unequal level of economic life and can be accessed through many entry points, makes Indonesia a country of origin for victims. The mere presence of a law against trafficking in persons does not benefit. This law must be supported by a variety of other policies, both in the form of other laws and regulations, as well as other strategic policies which are internal policies of related institutions and regional regulations.