Legal Analysis of The Issue of Domestic Violence as a Trigger for Wife Trafficking by Husbands in Cases of Prostitution

Abstract

Women hold a crucial role in building a household, as they are responsible for educating and caring for the needs of their husband and children. Violence against women is an act that deprives a woman of her physical and mental rights, resulting in fatal consequences for her mental and physical well-being. This paper utilizes empirical research. Based on the research, it is clear that domestic violence has become a trigger for wife trafficking, perpetrated by husbands in cases of prostitution. Type of research in this paperis empirical research. Empirical legal research, also called sociological legal research, is legal research that examines law conceptualized as actual behavior, as an unwritten social phenomenon experienced by everyone in social relationships. Based on the studies conducted, it can be seen that The eradication of violence against women is currently ineffective. In fact, domestic violence against women has developed into the crime of wife trafficking committed by husbands due to economic problems, this is considering the still high crime of human trafficking, especially against women. The obstacle in eradicating the crime of wife trafficking committed by husbands in prostitution cases is that most law enforcement officers (APH) do not fully understand the definition and elements of the crime of wife trafficking committed by husbands as regulated in Law Number 21 of 2007 concerning the Eradication of the Crime of Human Trafficking. As a result, cases of human trafficking are often reduced or equated with just ordinary fraud or violations of migrant worker placement, so that the perpetrators are subject to lighter sanctions. Law 23 of 2004, which should also receive attention, in reality has never been used by law enforcement officers in deciding cases of wife trafficking committed by husbands in prostitution cases. There are often obstacles in proving the element of coercion or fraud (the method element), especially when the case involves child victims. In addition, the modus operandi of human trafficking syndicates is now increasingly sophisticated and organized. Threat factors from the Legal Analysis of The Issue of Domestic ……………………. (Hamsi) 1 LICS 2026 Topic: Strengthening Legal Frameworks for Combating Human Trafficking and Enhancing Protection of Women and Children perpetrator's network and psychological trauma also often make victims afraid to testify.