Baby Trafficking as a Form of Human Trafficking in Indonesia

Abstract

Baby trafficking is a form of transnational organized crime (organized crime) that is complex and radically reduces human rights. This practice shifts the position of children from legal subjects who hold absolute rights to objects of economic commodification for financial gain. This study aims to analyze the legal regulations regarding baby trafficking in the Indonesian legal system, examine the forms of criminal liability of perpetrators, and analyze legal protection efforts for children as victims. The research method used is normative legal research with a statute approach, conceptual approach, and case approach. The technique of collecting legal materials is carried out through literature studies analyzed qualitatively using descriptive-analytical methods. The results of the study indicate that baby trafficking has substantially fulfilled the material elements of a crime in Law Number 21 of 2007 concerning the Eradication of the Crime of Human Trafficking (UU TPPO), which includes the elements of action (act), the element of means (abuse of vulnerability), and the element of purpose (purpose) of economic exploitation. Despite adequate regulations, substantial gaps in law enforcement have been identified due to inconsistent application of the rules, weaknesses in the evidentiary system, and a suboptimal legal protection framework and holistic remedies for child victims. Therefore, comprehensive reconstruction of criminal law formulation and reform of population administration law centered on human dignity are necessary.