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All Journal Jurnal Ilmiah Hukum dan Hak Asasi Manusia
Dioz Thimoteus Togatorop
Universitas Lampung, Lampung, Indonesia
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Analysis of Criminalization of Perpetrators of Human Trafficking Crimes Based on the Trilogy of Legal Objectives Dioz Thimoteus Togatorop; Maya Shafira; Muhammad Farid; Heni Siswanto; Refi Meidiantama
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol 5 No 2 (2026): January
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v5i2.5566

Abstract

Purpose: This study aims to analyze the modus operandi of human trafficking in Indonesia, its legal framework, and the application of criminal sanctions to perpetrators based on the legal objectives of justice, certainty, and utility. Methodology/approach: Using secondary sources and a normative juridical approach, this study analyzes statutes, regulations, and legal concepts through a descriptive-analytical method to assess the consistency of legislation and its application in human trafficking cases. Results/findings: Findings show that human trafficking in Indonesia involves sexual exploitation, forced labor, child trafficking, and organ trade, regulated under Law No. 21/2007, the Criminal Code, and Law No. 35/2014 on Child Protection. Conclusions: Human trafficking in Indonesia includes sexual exploitation, forced labor, child trafficking, and organ trade. It is addressed through Law No. 21/2007 as a lex specialis, supported by the Criminal Code and Child Protection Law. Limitations: This study uses a normative juridical analysis at a macro level, without empirical field data or direct perspectives, so it does not fully capture local implementation issues or judicial inconsistencies. Contribution: This research offers a theoretical and practical framework for harmonizing the trilogy of legal objectives in criminalizing human trafficking and sentencing policies in Indonesia.
Criminalization Policy for Child Sexual Offenses from the Perspective of Child Protection in Indonesia Dioz Thimoteus Togatorop
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol 6 No 1 (2026): July
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v6i1.5692

Abstract

Purpose: This study aims to analyze the criminal law policy against perpetrators of child sexual intercourse and legal protection efforts for victims based on the best interests of children in the Indonesian criminal system. Methodology: This research uses a normative legal method with a descriptive-analytical approach, using primary legal materials (Law No. 35 of 2014, Criminal Code, court decisions) and secondary (literature, journals), with analysis through statutory interpretation and content analysis. Results: Criminal law policies have been implemented in a formulative, applicative, and executive manner with preventive, repressive, and rehabilitative child protection, but their effectiveness is still hampered by structural and cultural constraints and limited child-friendly facilities. Conclusions: Criminal law policies regarding perpetrators of child sexual intercourse are comprehensive but not yet optimal; synergy between penal and non-penal approaches, regulatory reforms, and increased capacity of officials and public awareness are needed to achieve fair and child-friendly justice. Limitations: The research is normative in nature, so it does not reflect actual field conditions or the implementation of legal policies in practice, nor does it include comparison with other legal systems. Therefore, the findings are limited to conceptual and doctrinal analysis and require further empirical study. Contributions: This research strengthens the study of child protection-based criminal law and emphasizes the importance of criminal law reform towards a child-friendly justice system that focuses on the best interests of children.
Analysis of Migrant Smuggling as a Transnational Organized Crime Dioz Thimoteus Togatorop
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol 6 No 1 (2026): July
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v6i1.5990

Abstract

Purpose: This study aims to analyze migrant smuggling as an organized transnational crime and examine law enforcement practices in Indonesia and their implications for the protection of migrants' human rights. Methodology: This study uses a normative legal research method with a statutory, conceptual, and comparative approach. Data were obtained through a literature review of national and international laws and regulations, legal doctrines, and literature related to migrant smuggling. Results: The findings indicate that migrant smuggling is a transnational organized crime involving cross-border networks. Law enforcement in Indonesia tends to focus on immigration and repressive aspects, often positioning smuggled migrants as lawbreakers rather than victims of crime. Conclusions: A law enforcement approach that is not oriented toward human rights protection has the potential to neglect migrants’ rights to liberty, personal security, and legal protection. Harmonization of criminal law and immigration policies with human rights principles and more effective international cooperation are needed. Limitations: This study is limited to normative legal analysis and does not include empirical data from field-based law enforcement practices. As a result, the findings reflect doctrinal and conceptual interpretations rather than practical implementation. The absence of empirical evidence limits a full understanding of how migrant smuggling laws are enforced in practice, thus requiring further socio-legal research. Contributions: This study contributes a conceptual framework for developing human rights-based legal policies in migrant smuggling cases, emphasizing the protection of migrants as victims of transnational organized crime.
Co-Authors Heni Siswanto Maya Shafira Muhammad Farid Refi Meidiantama