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All Journal AL-Ishlah : Jurnal Ilmiah Hukum
Mukhsin, Muh. Adit Anugrah
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Law, Crime, Criminology & Criminal Justice

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Law Enforcement of the Crime of Human Trafficking against Indonesian Migrant Workers: An Analysis of Decision Number 1313/Pid.Sus/2023/PN Makassar Mukhsin, Muh. Adit Anugrah; Razak, Askari; Badaru, Baharuddin
Al-Ishlah: Jurnal Ilmiah Hukum Vol 29 No 1 (2026): December 2025 - May 2026
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/

Abstract

This study aims to analyze law enforcement against the crime of human trafficking involving Indonesian migrant workers, as well as the judicial considerations in Decision Number 1313/Pid.Sus/2023/PN Makassar. This research employs a normative legal method using statutory, case, and conceptual approaches. The results indicate that, from a juridical perspective, law enforcement against human trafficking has a strong legal foundation in both national law and international instruments. The court decision reflects the application of the principle of material truth and the independence of judicial power through juridical and sociological considerations. However, there remain weaknesses in the sentencing aspect, which has not fully produced a deterrent effect and has not optimally fulfilled victims’ rights, particularly concerning restitution and recovery approaches. This study recommends strengthening sentencing policies oriented toward substantive justice through the integration of retributive and restorative approaches, enhancing victim protection, and improving coordination and capacity of law enforcement authorities in order to increase the effectiveness of law enforcement and protection for Indonesian migrant workers
Co-Authors Badaru, Baharuddin Razak, Askari