Analisis Perbandingan Hukum Internasional dengan Hukum Nasional dalam Penyelesaian Tindak Pidana Perdagangan Orang

Abstract

Human trafficking is a widely concerning issue, prompting the government to ratify the relevant United Nations protocol by enacting Law Number 21 of 2007 on the Eradication of the Crime of Human Trafficking. Legal comparison serves as a method to identify new ideas or concepts regarding legal frameworks in a specific field of law within a particular country or region, one of which is the domain of criminal law. The comparison of laws concerning the regulation of human trafficking, focusing on the resolution of human trafficking crimes under international law and national law, aims to ascertain the similarities and differences in the regulation of human trafficking crimes under international law and national law in addressing such crimes. This study employs a normative legal research method. Consequently, the data utilized include primary, secondary, and tertiary data. Data were collected through the library research technique. Subsequently, the data were analyzed using qualitative data analysis methods. The research findings reveal that human trafficking constitutes an act that violates both international and national law. The factors contributing to the occurrence of human trafficking crimes are numerous, primarily driven by poverty, lack of education, and insufficient awareness among women in addressing various life challenges that arise, inadequate birth registration, the desire for quick wealth, early marriage, and weak law enforcement. Efforts to combat human trafficking can be preventive, repressive, and preemptive. Differences in the enforcement of laws against human trafficking crimes within the scope of international law and national law can be observed from several aspects, including enforcement authority, regulations, and punitive sanctions. The law enforcement process may involve international tribunals or more formal dispute resolution mechanisms, though these are rarely applied in human trafficking cases. In contrast, under national law, the process is more direct, whereby victims can report to the authorities, and the case is handled by domestic courts. Overall, effective law enforcement against human trafficking necessitates synergy between international and national law to enhance effectiveness in combating this crime.