Penegakan Hukum Tindak Pidana Perdagangan Orang Perspektif Hukum Positif Dan Hukum Pidana Islam Di Wilayah Hukum Polresta Jambi

Abstract

..Human trafficking is a serious crime that violates human dignity and contravenes the principles of human rights. This study aims to analyze the enforcement of human trafficking laws within the jurisdiction of Polresta Jambi from the perspective of both Indonesian positive law and Islamic criminal law. The focus of the study lies on the implementation of Law No. 21 of 2007 concerning the Eradication of Human Trafficking Crimes, the effectiveness of the police in handling cases, and its conformity with the principles of Islamic criminal law, which emphasize the protection of life, honor, and human freedom. The research employs a normative legal method with statutory and conceptual approaches, supported by empirical research through interviews with law enforcement officers at Polresta Jambi. The data sources consist of primary law, including statutory regulations and Islamic law, as well as secondary law, such as literature, journals, and previous research. Data analysis is conducted qualitatively by linking legal norms with enforcement practices in the field. The findings reveal that law enforcement against human trafficking in Polresta Jambi faces several obstacles, including limited law enforcement resources, low public legal awareness, and weak inter-agency coordination. Under positive law, the application of Law No. 21 of 2007 serves as a crucial legal foundation, but its implementation remains suboptimal. Meanwhile, in Islamic law, human trafficking is categorized as a jarimah ta’zir subject to strict sanctions, as it contradicts the objectives of maqashid al-shari’ah, particularly the protection of life, lineage, and honor.