Reconstruction of Cyber Law in Combating Online Human Trafficking of Women and Children

Abstract

Online human trafficking of women and children has evolved into an organized transnational crime that utilizes cyberspace as a means of recruitment, exploitation, and laundering of criminal proceeds, while national legal instruments still rely on conventional paradigms oriented towards physical space. This study aims to analyze the structural weaknesses of cyber law regulations in combating online human trafficking and formulate a reconstruction of norms based on the protection of women and children. A normative juridical approach is used by examining primary and secondary legal materials in a prescriptive manner. Based on the research results, it can be concluded that the fragmentation between the Law on the Eradication of the Crime of Trafficking in Persons, the Law on Information and Electronic Transactions, and child protection instruments creates gaps and overlapping norms, so that a reconstruction is needed that integrates the criminalization of cyber modus, strengthening digital evidence, cross-jurisdictional cooperation, and an orientation towards victim recovery that aligns with the maqāşid al-syarīʻah.