Kamaluddin, Imam (2018) TRAFFICKING IN THE PERSPECTIVE OF ISLAMIC LAW AND THE DRAFT CRIMINAL CODE. Ijtihad, 12 (2). pp. 173-192. ISSN 1907-4514

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Abstract

Human trafficking is a crime that violates human rights. Especially for women and children that is easy and profitable to be exploited. In this modern era, it is still common crime of human trafficking are where the action is carried out in the form and a new mode increasingly manipulated and structured. Indonesian government itself participated in the eradication of this crime, which has been regulated in article 297 of the Penal Code and updated in the Draft Bill Draft Article 546 of the Criminal Code. This research aims to find out the crime of trafficking is in terms of Islamic law perspective and the perspective of the Penal Code Bill. Writing research use descriptive qualitative type of method and a comparatif research-analysis that makes comparisons the crime of trafficking issues in the perspective of Islamic law and the draft Criminal Code. The results of this paper is the legal conformity of the crime of trafficking in the Draft Bill to the Islamic law in the prosecution and combating such crime. In order to become a reference in law enforcement transnational crime, combating and stopping crime is not humane.

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