Negara, Kedaulatan, dan Perlindungan Rakyat: Analisis Kelemahan Penanganan Tindak Pidana Perdagangan Orang di Indonesia dalam Perspektif Ilmu Negara

Abstract

This article examines the shortcomings of Indonesia’s response to human trafficking through both classical and contemporary theories of the state. The core issue is the gap between the state’s foundational principles protection, welfare, and justice and the sporadic, largely administrative implementation of anti-trafficking policies. The study aims to assess how far the state fulfills its constitutional functions as sovereign authority and human-rights guarantor, and to formulate institutional reform recommendations. Employing a qualitative-descriptive approach that combines normative analysis with philosophical reflection, the research relies entirely on secondary sources: statutes and regulations, national and international reports especially the 2024 Trafficking in Persons Report and scholarly books and journal articles on state theory. The analysis proceeds through four stages: conceptual identification, empirical context exploration, theory–fact integration, and critical synthesis. Findings reveal that the protective function remains ineffective, marked by limited victim identification, a predominance of administrative sanctions, and poor access to recovery services. The welfare function is weakened by insufficient social security and vocational education for vulnerable groups. The justice function is compromised by symbolic law enforcement, official complicity, and preferential treatment of influential offenders. Weak inter-agency coordination and the absence of unified command widen the norm–practice gap, creating a legitimacy deficit for the state. In conclusion, the state is present legally yet substantively absent in the trafficking crisis. Structural reforms are required: stronger national coordination, a rights-based approach, nondiscriminatory enforcement of the rule of law, and a reconstruction of sovereignty as an ethical responsibility to safeguard human dignity.