Hidayani, Emilia (2025) Tinjauan Yuridis Penyidikan Tindak Pidana Perdagangan Orang Oleh Sindikat Penjualan Bayi di Wilayah Hukum Polresta Pekanbaru. Masters thesis, Universitas Islam Riau.

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Abstract

With the weakening economy and the continuously increasing economic needs, various criminal acts have emerged, one of which is the crime of human trafficking (hereinafter referred to as TPPO). Law Number 21 of 2007 concerning the Eradication of the Crime of Human Trafficking (PTPPO) provides both formal and material legal foundations. Synergy among law enforcement agencies is crucial to create a harmonious system for the effective and comprehensive eradication of human trafficking (TPPO). The main issue in this research is the enforcement of the law in the investigation process of human trafficking cases involving baby-selling syndicates within the jurisdiction of the Pekanbaru City Police. It also examines the obstacles encountered by the Pekanbaru City Police in enforcing the law during the investigation process of baby-selling syndicate crimes in Pekanbaru. This type of research is sociological juridical legal research, which examines the effectiveness of law by focusing on law in action. The purpose of this study is to provide an overview of the investigation process of human trafficking cases involving baby-selling syndicates within the jurisdiction of the Pekanbaru City Police. The Crime of Human Trafficking (TPPO) is a specific type of criminal offense that is regulated under its own special legislation. Article 297 of the Indonesian Criminal Code (KUHP) does not clearly define the concept of human trafficking and imposes sanctions that are too lenient and disproportionate to the harm suffered by the victims of such crimes. Law No. 21 of 2007 on the Eradication of the Crime of Human Trafficking was enacted as an effort to provide both direct and indirect legal protection to victims and/or potential victims. In relation to child trafficking, which frequently occurs in the form of illegal adoptions and the buying and selling of newborn babies, Law No. 21 of 2007 explicitly prohibits such practices and imposes criminal sanctions. In the pursuit of justice, law enforcement officers are required to critically evaluate legal provisions and practices in order to determine the appropriate professional action. In a baby trafficking case that occurred within the jurisdiction of the Pekanbaru City Police (Polresta Pekanbaru), the act was carried out under the guise of adoption but did not follow the proper legal procedures, thus constituting an illegal adoption. For their actions, the suspects were charged with multiple offenses under: Article 2 of Law No. 21 of 2007 on the Eradication of Human Trafficking, and Article 83 in conjunction with Article 76(f) of Law No. 35 of 2014, which amends Law No. 23 of 2002 on Child Protection. The factors hindering the Pekanbaru City Police in uncovering baby trafficking cases within their jurisdiction include:Fragmented syndicate networks, making investigation and prosecution more difficult; Victims’ lack of knowledge about the legal protections available to them; Victims' fear of threats from perpetrators, which discourages them from reporting the crime; Limited funding from the central government for handling human trafficking cases; and Insufficient number and capacity of police personnel to effectively handle these complex cases.

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