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All Journal Journal of Strafvordering Indonesian
Achmad Yusuf
Fakultas Hukum Universitas Krisnadwipayana
Law, Crime, Criminology & Criminal Justice

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Law Enforcement Against Human Trafficking Through Migrant Workers Achmad Yusuf
Journal of Strafvordering Indonesian Vol. 2 No. 5 (2025): JOSI-NOVEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/0hws7171

Abstract

Trafficking in persons through migrant-labor schemes has become an increasingly complex transnational crime in Indonesia. This study examines the effectiveness of law enforcement against trafficking in persons (TIP) committed under the guise of migrant worker placement. Using a normative and socio-legal approach, the research evaluates the adequacy of legal instruments, inter-agency coordination, and socio-economic dynamics influencing vulnerability to trafficking. Data were collected from primary legal sources, judicial decisions, official government reports, and international organizations monitoring migration and trafficking. The findings reveal that, despite Indonesia’s comprehensive legal framework under Law No. 21/2007 and Law No. 18/2017, alongside its commitment to the Palermo Protocol, implementation challenges persist. These include fragmented institutional coordination, limited cyber-investigation capacity, loopholes in administrative oversight, and socio-economic pressures that drive individuals to migrate irregularly. The study concludes that a holistic strategy combining penal, administrative, and community-based approaches is essential. Strengthening coordination between the National Police, BP2MI, Immigration, and the Ministry of Foreign Affairs, enhancing digital migration governance, and implementing community empowerment initiatives in migrant-sending regions are key to preventing exploitation and dismantling trafficking networks.
Criminal Liability for Hoax Spreaders: A Study of Defamation Offenses and ITE Laws Muhammad Junaidi; Samsir Samsir; Achmad Yusuf
Journal of Strafvordering Indonesian Vol. 2 No. 5 (2025): JOSI-NOVEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/p2adhm40

Abstract

The widespread dissemination of hoaxes and the expanding criminalization of defamation in digital spaces illustrate that challenges within Indonesia’s cyberlaw regime stem not only from the normative wording of the ITE Law but also from law enforcement practices that fail to accommodate the realities of digital communication. This study examines criminal liability for hoax disseminators and defamation offenses under the ITE Law by integrating the Criminal Code (Law 1/2023), the first amendment to the ITE Law (Law 19/2016), and the most recent amendment (Law 1/2024). Employing normative legal research through statutory, conceptual, and case approaches, the study finds that hoax-related criminal liability raises substantial mens rea concerns, particularly because digital virality often results from impulsive user behavior driven by platform algorithms. Meanwhile, defamation provisions under the ITE Law retain a conduct-based orientation, expanding criminal liability through broadly framed elements such as “distributing,” “transmitting,” and “making accessible.” Limited digital forensic capacity, subjective interpretation by law enforcement, and weak application of public-interest safeguards contribute to excessive criminalization of both hoax disseminators and legitimate criticism. The study concludes that the effectiveness of the ITE Law requires harmonization with culpability principles under the Criminal Code, strengthened institutional capacity, the adoption of objective standards, and a clear restriction of criminal sanctions as ultimum remedium to ensure that public order and reputation protections do not undermine democ.  
Co-Authors Muhammad Junaidi Samsir Samsir