Critical Evaluation of State Negligence in Preventing Human Trafficking Syndicates

Abstract

The Crime of Human Trafficking (TPPO) is an organized, transnational crime against humanity that fundamentally destroys human dignity through the practice of modern slavery. In Indonesia, although an anti-human trafficking legislative framework has been adopted, the escalation of cases and exploitation affecting vulnerable groups continues to show an alarming trend. The failure to suppress this crime is not merely caused by the sophistication of syndicates’ modus operandi but is rooted in the state's systemic negligence in carrying out preventive measures. This abstract highlights legal discourse concerning the institutional failures of state apparatuses, ranging from weak border supervision and chaotic labor governance to the neglect of poverty as the primary catalyst for victim recruitment. This study employs a normative legal research method using a statutory approach and a conceptual approach. Through the examination of primary legal materials in the form of the 1945 Constitution of the Republic of Indonesia, Law No. 21 of 2007 concerning the Eradication of Human Trafficking, and international legal instruments such as the Palermo Protocol, this research analyzes the constitutional and international obligations of the state to protect its citizens. Secondary legal materials were collected through library research and analyzed using a qualitative-deductive method to construct arguments regarding state responsibility for allowing crimes facilitated by structural negligence. The findings conclude that the state has failed to meet the due diligence standard in preventing human trafficking, resulting in massive human rights violations. This negligence is manifested in dysfunctional immigration oversight, weak enforcement against illegal recruiting corporations, and indications of collusion between certain state officials and trafficking networks. As a solution, this study recommends a holistic policy reconstruction, including accountability-based border governance reform, restructuring the migrant worker recruitment system, Critical Evaluation of State Negligence … (Fitri Sumarni D & Yasmirah Mandasari Saragih) 649 LICS 2026 Topic: Strengthening Legal Frameworks for Combating Human Trafficking and Enhancing Protection of Women and Children strengthening cyber patrols, and promoting economic empowerment in poverty-stricken regions. State responsibility must not stop at downstream law enforcement but must proactively close every avenue of exploitation upstream in order to realize dignified justice for all Indonesian citizens.