TINDAK PIDANA PERDAGANGAN ORANG DENGAN SUBJEK
TENAGA KERJA INDONESIA DALAM PERSPEKTIF HUKUM
KEIMIGRASIAN
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Institusion
Universitas Pembangunan Nasional Veteran Jakarta
Author
Anindito Rizki Wiraputra, .
Subject
K Law (General)
Datestamp
2021-04-26 06:46:25
Abstract :
The efforts to prove transnational crimes, especially the Crime of Trafficking in Persons (TIP), emphasize the element of exploitation in the proof. Indonesian Workers (TKI) are one of the variables that are vulnerable to TIP. The application of the Law in order to prevent the occurrence of TIP is constrained in the fulfillment of evidence, so that article 89 of Law Number 6 of 2011 concerning Immigration is a preventive and repressive element to postpone and reject departures due to the alleged occurrence of TIP. The empirical normative approach in research is used to be able to analyze the application of rules in the field and the obstacles that arise, especially in efforts to prevent TIP. In the discussion of this research, it is found that the approach that can be taken by law enforcers does not have a strong enough basis, because there are no clear provisions that clearly regulate the process of working abroad. The existence of gray areas in legal regulations creates a loophole for TIP. Currently, law enforcement officials can only take preventive measures by using subjective profiling and observation methods. So that efforts to prevent TIP can only be carried out before prospective workers leave the country. So the formation of clear rules in standardizing the requirements for working abroad and the educational process for prospective workers are important elements in efforts to prevent TIP with the subject of TKI in Indonesia
The efforts to prove transnational crimes, especially the Crime of Trafficking in Persons (TIP), emphasize the element of exploitation in the proof. Indonesian Workers (TKI) are one of the variables that are vulnerable to TIP. The application of the Law in order to prevent the occurrence of TIP is constrained in the fulfillment of evidence, so that article 89 of Law Number 6 of 2011 concerning Immigration is a preventive and repressive element to postpone and reject departures due to the alleged occurrence of TIP. The empirical normative approach in research is used to be able to analyze the application of rules in the field and the obstacles that arise, especially in efforts to prevent TIP. In the discussion of this research, it is found that the approach that can be taken by law enforcers does not have a strong enough basis, because there are no clear provisions that clearly regulate the process of working abroad. The existence of gray areas in legal regulations creates a loophole for TIP. Currently, law enforcement officials can only take preventive measures by using subjective profiling and observation methods. So that efforts to prevent TIP can only be carried out before prospective workers leave the country. So the formation of clear rules in standardizing the requirements for working abroad and the educational process for prospective workers are important elements in efforts to prevent TIP with the subject of TKI in Indonesia
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