Model Perlindungan Berlapis : Tata Kelola Migrasi Pekerja Migran Sebagai Upaya Dekonstruksi Pencegahan Perdagangan Orang

Abstract

This study questions the remittance-focused policy paradigm, where economic interests often overshadow essential protections for migrant workers. The state tends to respond reactively (repatriating victims) after exploitation occurs, rather than adopting preventive measures to stop people from falling prey to human trafficking. Using a qualitative method and a normative juridical approach that is both descriptive and prescriptive, this study identifies significant legal gaps that call for tighter regulation. It emphasizes the urgent need for policy reform, shifting from a model that views "placement as a source of foreign exchange" to a proactive, human rights-based protection framework and suggests a comprehensive protection model covering the entire migrant worker cycle, from prerecruitment to postplacement. The findings expose regulatory gaps related to recruitment crimes, a tendency to criminalize migrant workers who bypass official procedures, and a lack of coherence in criminal justice policies all of which create opportunities for exploitation by transnational syndicates. To break the cycle of modern slavery, this study calls on the state to become a proactive protector that prioritizes human rights above all else. Additionally, it proposes an operational framework a multi-layered protection model covering five key stages: predeparture, transit, destination country, repatriation, and postrepatriation. These efforts must be supported by legal reforms, strong action against corporate offenders, international diplomacy, and grassroots community empowerment, ensuring human dignity is no longer diminished by mere economic commodification