Criminal Law Formulation in Indonesia in Addressing New Modes of Human Trafficking Based on The Digital Sector

Abstract

The era of digital disruption has brought about a radical transformation not only in the economic and communication sectors but also in the landscape of organized transnational crime. One of the most tangible threats today is the evolution of conventional Human Trafficking Crimes (TPPO) into cyber-trafficking or digital-based human trafficking. This phenomenon is characterized by a massive shift in modus operandi, where recruitment is carried out through social media, online job scams, and the exploitation of victims who are forced to become operators of online gambling, investment fraud, and other cybercrimes (cyber-slavery) in various Southeast Asian countries. Amid this massive shift in criminal methods, Indonesia's criminal law instruments, particularly Law Number 21 of 2007 on the Eradication of Human Trafficking Crimes, are considered to have begun lagging behind and experiencing technological inadequacy. Current positive law remains heavily oriented toward conventional physical and sexual exploitation, thereby creating legal gaps in prosecuting the intellectual actors behind these cybercrime networks. This study aims to examine and analyze the weaknesses within Indonesia's current positive criminal law system and to propose a comprehensive criminal law policy formulation for addressing cyber-trafficking. This research employs a normative legal research doctrinal legal research method using statutory and conceptual approaches. The study examines the conflicts among the Human Trafficking Law, the Electronic Information and Transactions Law (ITE Law), and the Criminal Procedure Code. As a solution, this study formulates the urgency of regulatory reform through the harmonization and integration of substantive and procedural criminal law. The proposed formulation includes expanding the meaning of "exploitation" to accommodate virtual exploitation and forced cybercrime, implementing the concept of strict liability for digital service provider corporations that act negligently, and strengthening extraterritorial instruments and Mutual Legal Assistance mechanisms. This criminal law reform is Criminal Law Formulation in Indonesia... (Wagiyo) The copyright of this document is owned by Faculty of Law UNISSULA and is protected by the law ║ 1376 FACULTY OF LAW PROCEEDING OF INTERNATIONAL CONFERENCE ON THE LAW DEVELOPMENT FOR PUBLIC WELFARE ISSN: 2798-9313 LICS 2026 Topic: Strengthening Legal Frameworks for Combating Human Trafficking and Enhancing Protection of Women and Children essential to protect Indonesian citizens from the threat of modern slavery while creating a criminal justice system that is adaptive, responsive, and just in the digital era.