Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 24 No. 1 (2025): Pena Justisia

The Business Crime In The Use of Foreign Labor in Indonesia Perspective of People Smuggling

Zulyadi, Rizkan (Unknown)
Mulyadi , Mahmud (Unknown)



Article Info

Publish Date
27 Mar 2025

Abstract

The purpose of this study is to analyze the legal regulations in Indonesia regarding the use of foreign workers in connection with the criminal offense of human smuggling, as well as to examine the enforcement of the law against business actors who illegally employ foreign workers from the perspective of human smuggling. This research uses a normative legal approach by reviewing legislation, court decisions, and legal doctrines through statutory, case, and conceptual approaches, along with library research techniques and descriptive-analytical qualitative data analysis. The findings indicate that legal regulations in Indonesia concerning the use of foreign workers linked to human smuggling are covered by various laws such as the Manpower Act, the Immigration Act, and the Anti-Trafficking Law (UU TPPO), but remain partial and do not explicitly regulate smuggling in the context of corporations as perpetrators, which hinders legal enforcement. Law enforcement against such business crimes still faces multiple obstacles, such as weak legal frameworks, operational modes disguised as legal recruitment, limited understanding among law enforcement officials regarding transnational crimes, and the suboptimal implementation of corporate criminal liability, resulting in many cases ending only in administrative sanctions such as deportation, without significant deterrent effects

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Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...