Reconstruction of Cybercrime Regulations in The Recruitment of Human Trafficking Victims Through Digital Manipulation Methods Based on The Value of Justice

Abstract

The Crime of Human Trafficking is one of the gravest forms of human rights violations, in which human beings are treated like commodities that can be bought and sold for unilateral profit. Along with the rapid advancement of information technology, criminal groups have abandoned conventional methods and shifted to using cyberspace to ensnare their victims. They employ highly sophisticated digital deception, such as creating fake employment contracts, forging the logos of legitimate companies, and disguising faces and voices through deception technologies. Their primary targets are people experiencing economic hardship who are easily persuaded by promises of high-paying jobs spread through social media. This shift in recruitment methods has made human trafficking increasingly difficult to detect because perpetrators hide behind the shield of anonymity in cyberspace. The reality in the field shows that law enforcement in Indonesia is currently still unable to keep pace with the rapid evolution of these forms of crime. This study was conducted using library-based legal research normative juridical research, focusing on examining the validity and weaknesses of the existing written legal framework. The approach employed is based on the assessment of statutory regulations and an approach centered on understanding the concepts of pure legal theory. The primary legal sources analyzed include the 1945 Constitution of the Republic of Indonesia, Law Number 21 of 2007 concerning the Eradication of the Crime of Human Trafficking, and Law Number 11 of 2008. The results of this study identify the weaknesses of the current legal framework and formulate proposals for regulatory restructuring (reconstruction) based on the value of justice. The concept of justice referred to is restorative justice, in which the law does not merely focus on imposing imprisonment on offenders but instead prioritizes efforts to rescue victims and provide full compensation for all losses they have suffered. This reconstruction proposes new legal provisions that explicitly integrate cybercrime with the crime of human trafficking, grant investigators the authority to seize assets concealed in offenders' electronic accounts, and require online service providers to bear responsibility when their platforms are used as instruments for criminal recruitment.