Optimization of Strategic Policy for the Prevention and Law Enforcement of the Criminal Act of People Smuggling Indonesian Workers Abroad

Abstract

Indonesia is recognized as the fourth most populous country globally. The continual growth of its population has posed various employment challenges for the Indonesian government, which has, in turn, contributed to an increase in the smuggling of Indonesian workers to foreign countries. This study aims to develop an optimized strategic policy for the prevention and legal management of the criminal act of smuggling Indonesian workers abroad. To achieve this objective, a secondary qualitative methodology alongside a normative legal approach was employed. The findings primarily emphasize the threats and consequences associated with the smuggling of Indonesian workers, the legal instruments in Indonesia designed to monitor such criminal activity, and the governmental role in addressing it. The Indonesian government has enacted Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers, which provides essential guidance for individuals seeking employment abroad. Additional legal frameworks applied to combat people smuggling include Law No. 6 of 2011, Government Regulation No. 31 of 2013, Law Number 12 of 2006, Law No. 5 of 2009, Law No. 14 of 2009, and Law No. 15 of 2009. Despite these efforts, challenges persist due to the inadequate enforcement of existing legislation. Consequently, there is a need to establish a more targeted legal framework specifically addressing the smuggling of Indonesian workers.