The prevention of child trafficking crimes and its legal reform (original) (raw)
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Legal Protection for Women and Children as Victims of Human Trafficking in Indonesia
Journal of Legal, Ethical and Regulatory Issues, 2021
The background of this research is the existence of problems related to legal protection policies for women and children who are victims of human trafficking in Indonesia. Based on data from the Ministry of Foreign Affairs, it is known that there were 35 victims of human trafficking in 2010, while in 2011 and 2012 there were 33 people and 92 people, respectively. One of the policies made by the government regarding the above problems is Law Number 21 of 2007, namely concerning the Eradication of the Crime of Human Trafficking. However, this law is found has not been able to reduce human trafficking in Indonesia. In addition, this law is considered to be ineffective in fulfilling the rights of victims in which the provision of protection to victims of human trafficking by the criminal law has not yet produced a clear pattern. This study aims to analyze the legal protection for women and children as victims of human trafficking in Indonesia. This research is a normative legal research (juridical normative) which uses a statute approach and a conceptual approach related to legal protection for women and children victims of human trafficking in Indonesia. The results of research are further associated to the values contained in Human Rights. Based on the description above, the problems found are as follows: The number of cases of human trafficking in Indonesia continues to increase; Legal protection efforts for women and children victims of human trafficking viewed from a human rights perspective in Indonesia have not been effective; The form of protection for victims of human trafficking by criminal law has not yet shown a clear pattern.
International Cooperation to Handle Child Trafficking in Indonesia
International journal of innovative research and development, 2022
Introduction Child Trafficking is a crime of trafficking and human exploitation, where the victims are mostly women and children, who are often regarded as weak creatures. Child Trafficking is also one of the transnational organized crimes because it involves many countries and parties in the country of origin and recipient countries, so it becomes a factor in the continued occurrence of child trafficking crimes. Child trafficking has been going on in West Nusa Tenggara for a long time. The child trafficking case has been going on for quite a long time and has even grabbed international attention. Indonesia is one of the countries with quite a lot of Child Trafficking cases (Tutut Restu Indahsari, 2020). To handle child trafficking cases in Indonesia, UNICEF established the NPAs (National Plan of Action for the Elimination of child trafficking) program implemented with programs related to efforts to address child trafficking in Indonesia (Obi N.I. Ebbe, 2008). From the establishment of NPAS (National Plan of Action for the Elimination of child trafficking) in 2002 to 2007, the implementation was formed by the existence of programs related to handling child trafficking in Indonesia (CAHYANINGTYAS, 2017). Some of the efforts made by UNICEF in handling child trafficking cases in Indonesia include the establishment of Law No. 37/1997, Law No. 21/2007, Law No.23/2002, and the establishment of RPSA (Temporary Child Protection House) (Oktadewi, 2018). The case of child trafficking in Indonesia is like an iceberg phenomenon where on the surface, it looks a little bit, but many cases are not exposed. According to data from the National Police CID in 2011-2013 regarding reports of trafficking cases in Indonesia, it was stated that: In 2011, there were 205 cases with 221 female and male adult victims, as well as 87 children, In 2012, there were 192 cases with 220 female and male adult victims and 72 child victims, and In 2013, there were 93 female and male adult victims and 63 child victims (Siti Nurjanah Boy Ericson Siahaan, 2015). 2. Research Method The results of the study were not obtained through other calculation procedures or statistical tables, trying to understand and explain the meaning of an event of human behaviour interaction. However, in this qualitative research method, there are possible obstacles that will be experienced by researchers, the possibility that researchers cannot get
Journal of Legal, Ethical and Regulatory Issues, 2021
This study aims to determine the factors causing the crime of child trafficking with the aim of prostitution and legal protection and rehabilitation measures provided by the government to victims. This research is a qualitative descriptive study using an empirical legal design. Research location at the South Sulawesi Child Protection Institute. The types of data used include primary data, secondary data, and tertiary data. Data techniques used in interviews and literature. Data analysis using an interactive analysis model. The findings of this study are; 1) The factors causing the crime of girls with the aim of being prostituted include poverty, job seekers, low levels of education, broken homes, and a history of sexual violence. Legal protection efforts provided by the government are carried out in two ways, namely protection provided for victims of crime and protection after becoming victims of crime. The provisions contained in the Criminal Code are protection in the abstract or "indirect protection". The crime of child trafficking is regulated in Articles 296 and 297 of the Criminal Code, but in its development, Law Number 23 of 2002 concerning Child Protection is also used. The rehabilitation effort carried out by the South Sulawesi Child Protection Agency is by providing assistance which includes: psychological assistance, legal assistance, and medical assistance for victims of child trafficking with the aim of being prostituted.
Developing Human Rights-Based Legal Protection Model on Victims of Child Trafficking in Indonesia
Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019), 2019
Human traficking is a crime resulted from social disorganization and social crimes, such as industrialization, social change and modernization. Social change causes women and children to choose to leave their homes and find livelihoods far from their regions and even abroad, with minimal skills and education. This phenomenon creates human, especially child trafficking. The approach method used is a normative juridical approach or a legal approach. The legal protection for children has ben arranged in Indonesian laws and regulations, however the implementation is not optimal. The appropriate victim protection models to develop are: a). placing child in the family and social care institutions, or environments that provide security and monitor child's activities. b). granting restitution or compensation for the benefit of the child. c). recovery of child's physical and psychological conditions by psychiatric assistance and government officials supervision, thus needing a practical and sustainable monitoring system. d). formulating regional regulation.
2021
The condition of globalization has both positive and negative impacts on people in Indonesia. Many new things were done to gain an advantage for a certain party. One of them is the emergence of cases of human trafficking with various modes. These people trade often look for weak targets to target—likely women and children. Trafficking in persons is now categorized as a severe crime. So, the need for strict law enforcement for this crime is expected to be eradicated, either reduced or even eliminated. This research aims to analyse the factors causing women and children as the main target of human trafficking, the law enforcement and preventive measures of human trafficking in Indonesia. The research method uses a descriptive qualitative approach and is supported by secondary data based on available literature to explore case studies of human trafficking. How to solve problems, protect and enforce the law in the international sphere and Indonesia. The main factors that encourage human...
Journal of Law, Policy and Globalization, 2017
Child trafficking is alarming in Indonesia. The country is recognized as a country of origin, transit and destination for victims of trafficking in children. Many of Indonesian young girls are trafficked to Southeast Asia, East Asia, the Middle East, as well as trafficked to Australia, North America, and Europe. Many of the victims are subjected to sexual exploitation and servitude. In addition, domestic trafficking in children is also a major issue within Indonesia. The victims are subject to violations of human right, unsafe working conditions, and sexual abuse. Considering current legislations on criminal act of trafficking in children is not capable of providing a comprehensive and integrated legal basis for the eradication of the crime, the Government of Indonesia enacted the current legislation: i.e., Law No. 21 of 2007. Today, every person involved in trafficking in persons shall be punishable by a prison sentence of a minimum period of 3 (three) years and a maximum of 15 (f...
Human Trafficking Policy in Indonesia
This paper will look into the policies against human trafficking of children in Indonesia. Indonesia is a major source country for trafficked persons as well as a destination and transit country, internal trafficking does take place as well (Departement of State, 2014). This paper will focus on policies made to combat trafficking in children and on the actions taken to see if the legislation is carried out or if they are just words on a paper made to satisfy the people in Washington, D.C. who write the Trafficking in Persons Report (TIP).
International Journal of Criminology and Sociology, 2020
: The rise of trafficking of women and children in the Nusa Tenggara Timur region, Indonesia. Research method, descriptive qualitative, consisting of primary data obtained through field studies using interview techniques, secondary data from literature. The results research of criminological on human trafficking are transnational crimes that have come to the attention of countries in the world. This crime is caused by the factors of poverty, low education, difficult employment opportunities, culture in society. According to human trafficking data from 2012 to 2016 there were 643 cases, consisting of 263 cases of labor, 310 cases of sexual abuse, 65 cases of default and 5 cases of selling babies. And as many as 754 victims, consisting of 418 adult women, 218 girls, 115 adult men and 3 boys. This prevention must begin with the inculcation of moral values and character in children, where this task is carried out by families such as parents at home and teachers at school. The Indonesian National Police as a guardian of security and order in society can make efforts to instill awareness about the dangers of crime in human trafficking
Legal protection for women victims of human trafficking in Indonesia
International Journal of Research in Business and Social Science (2147- 4478), 2022
Human trafficking is a violation that destroys human’s honor and dignity. Every year the number of victims of human trafficking is soaring, LPSK states that in 2021 there will be 210 victims of human trafficking, with details of male victims as many as 75 persons, while women amounting to 135 persons. Several things cause human trafficking, one of which is the lack of legal protection for the victims, prevention of women trafficking that is not properly implementated, and lack of education which causes loss of legal morals and responsibility to protect people, especially who are vurnerable. In addition to the above, there is also a lack of public understanding and knowledge on human trafficking issues, despite since 2007 since the Criminal Act of Trafficking in Persons No. 21 of 2007 was established. Another cause is due to economic demands, demands for survival among the poor or marginalized group, and on the other hand there is a desire to earn large incomes in an easy and fast wa...
International Journal of Criminology and Sociology, 2020
The research aims to analyze the legal protection of women victims of trafficking in Indonesia in an international human rights perspective. The type of research used is empirical normative legal research. The data obtained from this study is primary and secondary data obtained from the results of field research and literature analyzed and reviewed its legal relevance and used to decipher conceptions and theories used in this study, then the data obtained is analyzed qualitatively through a statute approach and conceptual approach. The results of this study show that the legal protection of women victims of people trafficking in the perspective of International Human Rights is found in Act of number 21/2007 about the Eradication of People Trafficking Crimes, but the provision of a form of protection against female victims is not supported by implementing regulations, such as government regulations.