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Syifa Rahmani Zalya
Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

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Analisis Tindak Pidana Perdagangan Orang dalam Praktik Prostitusi Perspektif Hukum Pidana Islam Syifa Rahmani Zalya; Muhammad Ridha; Saiful Amin; Gusril Basir
Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy Vol. 1 No. 1 (2026): March 2026
Publisher : Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/maqasidforum.v1i1.264

Abstract

This study aims to analyze the criminal act of human trafficking in prostitution practices based on the Bukittinggi District Court Decision Number 27/Pid.Sus/2023/PN Bkt and to examine it from the perspective of Islamic criminal law. This research employed a normative legal method using statutory, case, and conceptual approaches. Data were collected through library research, including court decisions, legislation, and relevant scholarly literature, and were analyzed qualitatively using descriptive and interpretative techniques. The findings reveal that the defendant's conduct fulfilled the legal elements of human trafficking as stipulated in Law Number 21 of 2007, particularly regarding sexual exploitation facilitated through prostitution. From the perspective of Islamic criminal law, the offense violates the principles of protecting human dignity, honor, and lineage and is therefore classified as jarīmah taʿzīr. Furthermore, the court's decision to impose a sentence lighter than the prosecutor's demand has not fully reflected the objectives of Islamic punishment, particularly in achieving justice, deterrence, and public protection. The study concludes that although the judicial decision is legally valid under Indonesian positive law, its sentencing rationale remains inconsistent with the punitive objectives emphasized in Islamic criminal law. This research contributes to the development of Islamic criminal law scholarship by integrating the analysis of Indonesia's anti-human trafficking legislation with the concept of jarīmah taʿzīr, thereby providing a broader theoretical framework for assessing human trafficking cases involving online prostitution and offering an Islamic legal perspective to strengthen future criminal law policy and victim protection.