Reconstruction of Criminal Sanction Norms Against Illegal Agents in Cases of Women and Child Exploitation based on the New Criminal Code

Abstract

Exploitation of women and children in the Trafficking in Persons (TPPO) scheme is a human rights violation that often begins with the manipulative role of illegal agents at the village level. Law enforcement practices so far have shown structural weaknesses, where illegal agents often escape severe criminal sanctions by hiding behind the excuse of ignorance and legal loopholes that allow fines to be replaced with short subsidiary imprisonment. This study aims to examine the idea of reconstructing criminal sanction norms against illegal agents based on the paradigm shift in criminal sentencing in the New Criminal Code (KUHP) (Law No. 1 of 2023). This Research using a normative legal research method with a statutory approach and a conceptual approach, this study analyzes the synchronization between TPPO regulations, child protection, and restorative justice. The results show that the New Criminal Code provides a legal basis to reform punishment through three reconstruction steps: (1) the application of strict liability for agents who recruit children by removing excuses; (2) increasing fines to Category VII or VIII while eliminating the loophole of substitution with ordinary imprisonment; and (3) mandating asset tracing and confiscation instruments. This reconstruction is essential so that law enforcement does not merely imprison perpetrators retributively, but is also able to impoverish illegal agents in order to ensure the availability of restitution funds to restore the physical, psychological, and dignity of women and children who are victims of exploitation.