Perdagangan Orang Berkedok “Pengantin Pesanan”: Analisis Viktimologi Terhadap Kerentanan Perempuan Asal Sulawesi Tenggara

Abstract

The "mail-order bride" phenomenon frames marriage as a context that can be exploited for the recruitment, transportation, harboring, or control of women for the purpose of exploitation. From a victimological perspective, the central issue is not merely whether a marriage appears voluntary, but rather how factors such as socio-economic vulnerability, gender inequality, deception, abuse of a position of vulnerability, dependency on intermediaries, and post-departure isolation shape the victimization process. This study employs a normative-juridical method—incorporating statutory, conceptual, victimological, and contextual socio-legal approaches—based on a literature review of regulations, scholarly works, prior court rulings and studies, and official sources regarding human trafficking. The analysis reveals that the mail-order bride scheme is covert in nature, as trafficking relationships can be disguised as marital unions. A victim's consent to the marriage does not automatically negate the possibility of human trafficking if elements such as deception, abuse of a position of vulnerability, payments or benefits to those controlling the victim, and an intent to exploit are present. In Southeast Sulawesi, a research gap exists regarding the lack of developed databases and empirical studies that specifically map the pathways to victimization for women in the region—including factors such as migration, poverty, access to employment, legal and digital literacy, and inter-regional or transnational recruitment mechanisms.