URGENSI PENGUATAN KERANGKA HUKUM TINDAK PIDANA PERDAGANGAN ORANG : STUDI KOMPARATIF HUKUM INDONESIA DAN AUSTRALIA

Abstract

This research examines the comparison of legal frameworks in combating human trafficking (TPPO) between Indonesia (Law No. 21 of 2007) and Australia (Criminal Code Act 1995, as amended in 2026). The study aims to compare fundamental differences and formulate strategies for strengthening domestic regulations through legal transplantation. The research method employed is normative legal research, utilizing statutory, comparative, and conceptual approaches. The findings indicate that the legal framework regarding human trafficking in Indonesia is still heavily influenced by conventional criminal law patterns that are repressive in nature. Conversely, Australia has adopted a multi-track strategy that integrates criminal sanctions with administrative preventive mechanisms through the Modern Slavery Act 2018. To strengthen national law, this research proposes the insertion of specific clauses in Law No. 21 of 2007 regarding the urgency of "Mandatory Transparency Reporting" for the business sector to terminate the involvement of industrial supply chains in human trafficking practices. The implementation of this idea serves as a concrete manifestation of the Palermo Protocol mandate, which Indonesia has ratified, to provide more responsive victim protection through a public monitoring system in Indonesia.