Comparative Study of the Effectiveness of Bilateral Cooperation Between Indonesia and Destination Countries in Preventing Human Trafficking

Abstract

The Crime of Human Trafficking (TPPO) is a complex transnational crime, making it one of the most serious threats to human rights in the era of globalization. As one of the world's largest labor-sending countries, Indonesia is highly vulnerable to cross-border exploitation and human trafficking practices. Efforts to prevent this crime cannot be resolved unilaterally by the Indonesian government alone, but require strong international cooperation, particularly through bilateral instruments with major destination countries. This abstract highlights the urgency of evaluating and comparing the effectiveness of various bilateral agreements or Memoranda of Understanding (MoUs) signed by Indonesia with receiving countries to assess the extent to which these instruments are capable of genuinely reducing human trafficking syndicates in practice. This study aims to conduct a comparative analysis of the effectiveness of bilateral cooperation between Indonesia and several major destination countries, such as Malaysia and countries in the Middle East region, in preventing TPPO. Through normative legal research using a statutory approach and a comparative law approach, this study examines national legal instruments, bilateral agreements, and their implementation. The primary legal materials used include Law No. 21 of 2007 on the Eradication of Human Trafficking, Law No. 18 of 2017 on the Protection of Indonesian Migrant Workers, and related bilateral MoU texts. The analysis is conducted qualitatively to uncover the gap between diplomatic legal texts and the reality of law enforcement and protection within the jurisdictions of destination countries. The findings reveal that the effectiveness of Indonesia’s bilateral cooperation with destination countries in preventing TPPO remains very weak and asymmetric. Comparisons show that existing MoUs tend to be labor supply-oriented rather than human rights-oriented. Key obstacles include differences in legal definitions of TPPO, jurisdictional conflicts, the implementation of exploitative systems in destination countries (such as the Kafala system), and the soft law nature of MoUs, Comparative Study of the Effectiveness … (Henu Sistha Aditya) 723 LICS 2026 Topic: Strengthening Legal Frameworks for Combating Human Trafficking and Enhancing Protection of Women and Children which lack strong enforceable legal force. This study recommends reconstructing bilateral cooperation by elevating MoUs into Mutual Legal Assistance agreements, establishing joint cross-border task forces, and harmonizing migrant worker protection standards to ensure the prevention of modern slavery crimes from upstream to downstream.