Human Trafficking, Migrant Smuggling, and the Systematic Failure of Our Laws

MediaBantenCyber.co.id (MBC), Opinion – At the end of February 2025, a young man from Bangka Belitung sent a frightening short message to his family: he was being held captive and forced to work as an online fraud operator in a camp fenced with barbed wire in Myawaddy, Myanmar, an area controlled by non-state armed groups. Promised a job as customer service with a salary of Rp. 10–15 million per month, he was instead placed in a dark room with impossible daily fraud targets and the threat of electrocution if he failed. He is one of 699 Indonesian citizens who were successfully repatriated by the Indonesian government in several batches in February–March 2025, in the largest diplomatic operation related to human trafficking victims in one mission.

This story reflects a deeper crisis: human trafficking and migrant smuggling have evolved into organized transnational crime, exploiting legal, social and economic loopholes. Ironically, Indonesia’s legal response is often late, fragmented and not fully on the side of victims.

Talking about data

The National Police noted that as of March 13 2026 there were 1,503 Indonesian citizens who were victims of the Crime of Human Trafficking (TPPO), exceeding 50% of the total victims throughout 2025 even though the first quarter has not yet ended. Throughout 2024, 1,061 cases with 3,363 victims were recorded. Meanwhile, data from the Ministry of Foreign Affairs shows that 3,703 Indonesian citizens were victims online scamming in the period 2020–March 2026, with around 40% of them indicated as victims of TIP.

At the global level, Indonesia is still in the Tier 2 category in the Trafficking in Persons (TIP) report, indicating that the minimum standards for eradicating TIP have not been met despite increased efforts. In the global organized crime index, human trafficking in Indonesia has a score of 7.50/10 and is ranked second in Southeast Asia, indicating Indonesia’s position as a source, transit and destination country.

On sea routes, migrant smuggling continues to occur. Throughout March–September 2025 to March 2026, the Indonesian Navy and Polri thwarted several major operations in various border waters. The pattern is similar: unidentified ships, hidden passengers including minors, and only a small number of perpetrators are caught while the main network continues to operate.

Human trafficking is also experiencing a shift from conventional to digital patterns. Whereas previously recruiters approached victims directly with promises of jobs and fake documents, now syndicates use social media such as Facebook, Instagram and Telegram. They offer high-paying jobs with easy conditions, which are algorithmically targeted at vulnerable groups, especially young people aged 20–30 years with limited economic conditions.

Victims are no longer dominated by low-educated groups. Generation Z who are digitally literate, including graduates, are also being targeted because they are considered to be easily influenced by the narrative of high-paying jobs and have the ability to operate digital platforms needed for fraudulent practices.

Over time, syndicate operations have become increasingly cross-border and flexible. When law enforcement is tightened in one country such as Cambodia, activities move to Myanmar, then to other countries such as Nepal, Palau, and Africa. This shows that TIP crimes are adaptive, dynamic, and continue to look for loopholes in weak international law enforcement coordination.

From a Legal Sociology Perspective

The TIP phenomenon cannot be seen solely as a law enforcement issue. In the perspective of Merton’s strain theory, this crime grows because of the gap between people’s desire for a better life and limited access to legal channels. When working abroad is the main hope, but official procedures are considered complicated, expensive and uncertain, illegal routes are often seen as a more rational alternative.

Data shows that of around 9 million Indonesian migrant workers abroad, 4.5 million departed non-procedurally, and many of them ended up becoming victims of TIP. Socio-cultural factors also play a role, where working abroad is seen as a symbol of success, so family and environmental pressures increase vulnerability to syndicate exploitation.

In this situation, low legal literacy makes it difficult for potential migrants to recognize danger signs, such as unrealistic salary offers, costs borne by recruiters, and work contracts that are not transparent.

Where Does the Law Fail?

There are several major points of failure. First, there is a classification problem, where authorities often categorize TIP cases as ordinary fraud or administrative violations, so that perpetrators are not subject to maximum sanctions. Second, jurisdictional constraints, because the main network operates abroad, such as in the Myawaddy conflict area, which is difficult to reach without international cooperation. As a result, the victim may be sent home, but the syndicate remains intact.

Third, data fragmentation and weak coordination between institutions cause differences in data between agencies, so that policies are not optimal. Fourth, a legal approach that is still oriented towards the perpetrator, not the victim, puts victims who are forced to commit crimes at risk of being treated as perpetrators, thereby hampering the protection of their rights.

Although the operation to repatriate victims should be appreciated, the law must function as more than just enforcement, namely as a proactive instrument of protection. As long as the employment gap is still high, illegal routes will remain in demand, so handling TIP must involve various sectors, not only legal officials, but also related ministries and job providers.

In addition, the increase in digital modes shows that technological literacy is not enough without risk literacy. Safe migration education needs to be delivered through relevant platforms such as social media. At the international level, regional and bilateral cooperation must also be strengthened, including updating ASEAN policies and exchanging real-time victim data to respond to increasingly adaptive crime dynamics.

The Law of Pursuing Humanity

On March 26 2026, the Indonesian Navy again thwarted the smuggling of 14 illegal CPMI in Tinabasan Waters, Nunukan, with the same pattern as the previous case: unidentified ships, desperate victims, and a syndicate that continues to operate behind the scenes.

This phenomenon is not just a matter of perpetrators and victims, but rather a reflection of the system’s failure to protect citizens. Human trafficking and migrant smuggling are the result of economic inequality, non-integrated governance, and slow law enforcement.

Therefore, handling it is not enough with raids or additional regulations, but requires comprehensive improvements to the socio-economic ecosystem. Each victim is a reminder that the state’s protection of its citizens has not been fully fulfilled.

Author: Bagas Agung Laksono
Gadjahmada University Law Student,
First Expert Immigration Analyst. (*)