PENEGAKAN HUKUM PASAL 4 UNDANG-UNDANG NOMOR 21 TAHUN 2007 TENTANG TINDAK PIDANA PERDAGANGAN ORANG DI POLDA JAWA TIMUR

Abstract

Trafficking in persons constitutes one of the most serious human rights violations and is classified as a transnational crime. Article 4 of Law Number 21 of 2007 on the Eradication of Trafficking in Persons specifically prohibits bringing Indonesian citizens outside the territory of the Republic of Indonesia with the intent to exploit them. This study aims to analyze the law enforcement process of Article 4 at the East Java Regional Police, as well as to identify the factors contributing to obstacles in its
enforcement. This research employs an empirical legal research method with a legal sociology approach. Data were collected through interviews with investigators at the Directorate of Criminal Investigation for the Protection of Women, Children, and
Eradication of Trafficking in Persons (Ditres PPA-PPO) of the East Java Regional Police. The results indicate that law enforcement is carried out through a proactive mechanism, not solely relying on victim reports but also utilizing information from social media and relevant agencies. The problematic factors identified were analyzed using Soerjono Soekanto's law enforcement theory, encompassing normative weaknesses in Article 4 due to the absence of the "means" element required by the 2000 Palermo Protocol, low public legal awareness, and deeply rooted non-procedural migration culture in East Java.