Issues on the Law of Prevention of Trafficking in Persons

2011 ◽  
Author(s):  
Thileni Rasadarie D. Wickramaratne
Keyword(s):  
Trafficking In Persons ◽  
The Law

scholarly journals LEGAL POLICY ON HUMAN TRAFFICKING CRIMES

2018 ◽  
Vol 3 (2) ◽  
pp. 133-146
Author(s):  
Abdul Rahman Prakoso ◽  
Putri Ayu Nurmalinda
Keyword(s):  
Local Government ◽  
Human Trafficking ◽  
Regional Policy ◽  
Central Government ◽  
Trafficking In Persons ◽  
Legal Policy ◽  
The Law

The crime of trafficking in persons is still a problem in people's lives. Trafficking of persons undertaken includes the process of hiring up to the act of buying and selling people. The existence of Law Number 21 Year 2007 concerning the Eradication of Crime of Trafficking in Persons as protection for trade acts.               The legal policy in the realm of human trafficking is not only about central government elements but also related to the policies issued by the local government. The law as an existing regulatory instrument in Indonesia is based on the existence of regional policy to protect its citizens.               Trafficking can not be separated from various parties. This concerns various aspects of the community elements involved in it. There is a need for comprehensive prevention to avoid trafficking. In this case both the office and the law enforcers must play a role in the prosecution and protection of trafficking. Keywords: Policy, people trafficking, protection

scholarly journals Human Trafficking and Legal Culture

2010 ◽  
Vol 43 (3) ◽  
pp. 479-513 ◽  
Author(s):  
David Nelken
Keyword(s):  
Human Trafficking ◽  
Social Problem ◽  
Legal Culture ◽  
Critical Discussion ◽  
Trafficking In Persons ◽  
The Social ◽  
The Law ◽  
Palermo Protocol ◽  
The Way

This Article discusses the Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons. In the first part it offers a critical discussion of what is entailed by speaking of a “shortfall” of enforcement in dealing with the social problem of human trafficking. It then goes on to show that there are two competing narratives of this problem and of the way it is being responded to, and explains why we need to learn more about the interests and values that condition the “law in action.” In the last section the Article discusses the potential relevance of the idea of the “legal culture” for explaining the patterns of “law in action” in different countries and different agencies. The Article's overall aim is to show the existence of a link between the manner in which the problem of trafficking is socially defined in practice, and the role of legal culture in shaping this link.

scholarly journals The Canadian Criminal Code Offence of Trafficking in Persons: Challenges from the Field and within the Law

2015 ◽  
Vol 3 (1) ◽  
pp. 88-102 ◽  
Author(s):  
Julie Kaye ◽  
Bethany Hastie
Keyword(s):  
Criminal Justice ◽  
United Nations ◽  
Human Trafficking ◽  
Criminal Law ◽  
Criminal Code ◽  
Trafficking In Persons ◽  
Canadian Criminal Code ◽  
The United Nations ◽  
The Law

Despite early ratification of the United Nations Trafficking in Persons Protocol, the <em>Criminal Code</em> offence of trafficking in persons in Canada has received little analytical or interpretive attention to date. Adopted in 2005, this offence has resulted in successful convictions in a limited number of cases and criminal justice authorities have continued to rely on alternate or complementary charges in cases of human trafficking. In particular, prosecutions for cases involving non-sexual labour trafficking remain extremely low. This article provides a socio-legal examination of why the offence of trafficking in persons in Canada is under-utilized in labour trafficking cases. Based on an analysis of data generated from 56 one-on-one interviews gathered from a variety of actors involved in counter trafficking response mechanisms and a legal examination of the key components of the offence, we argue that definitional challenges have resulted in narrow understandings and problematic interpretations of the Criminal Code offence. Such narrow interpretations have resulted in restricted applicability, particularly in cases of labour trafficking. More broadly, the article points to the need to address the limitations of the <em>Criminal Code</em> while formulating responses to trafficking that are not dependent on criminal law.

scholarly journals RESTITUTION RIGHTS AS A CONSTRUCTION OF JUSTICE REFERRING TO THE LAW ON PROTECTION OF WITNESSES AND VICTIMS

2021 ◽  
Vol 5 (1) ◽  
pp. 25
Author(s):  
Bambang Tri Bawono
Keyword(s):  
Research Method ◽  
Secondary Data ◽  
Good Faith ◽  
Service Model ◽  
Trafficking In Persons ◽  
Current Effort ◽  
Financial Capacity ◽  
The Law ◽  
The Right

This study aims to determine the effectiveness of restitution rights regulations for witnesses and victims based on Law No. 31 of 2014 concerning Amendments to Law No. 13 of 2006 concerning Protection of Witnesses and Victims. The provision of restitution which is the right of victims is often neglected, so that victims in their capacity as the aggrieved party do not get the rights that should be as stipulated in legislation. Based on this, this research emphasizes more on the factors that cause the ineffectiveness of regulations regarding restitution rights, as well as how efforts should be made so that victims can get restitution rights in accordance with the value of justice. The research method used in this research isresearch method library with a normative juridical approach that emphasizes secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials. The results of the research state that the factors that cause the ineffectiveness of restitution rights are the victim's ignorance of the existence of the right to retribution and the procedure for filing it, the perpetrators of criminal acts are generally incapacitated, and there is no good faith for the perpetrators of crimes who generally have adequate financial capacity. Efforts that must be made so that victims get the right to restitution is to replace the application of the service model for victims of criminal acts that should position the victim as a subject who needs extra services, as stated in Law No. 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons. In addition, the current effort is to make the replacement of the right to restitution as an additional punishment which automatically becomes part of the judge's decision to be implemented immediately.

The Law on Trafficking in Persons: The Quest for an Effective Model

2016 ◽  
Vol 8 (1) ◽  
pp. 225-257 ◽  
Author(s):  
Anupam JHA
Keyword(s):  
Human Trafficking ◽  
State Responsibility ◽  
Trafficking In Persons ◽  
Legal Regime ◽  
Legal Model ◽  
Central Argument ◽  
The Law ◽  
Trafficking Victims ◽  
Shared State

AbstractInternational efforts to codify the law on trafficking in persons have been evolving since the early twentieth century. This paper re-examines this journey of law and divides the existing international and domestic legal regimes into three categories: the rescue model, quasi-curative model, and curative model. The study proposes the development of an effective legal model, which may rest on the twin pillars of shared state responsibility and long-term assistance to trafficking victims. In this model, it is argued that the enunciated principles of prosecution, protection, and prevention to combat human trafficking should not be dealt with in isolation, but in combination with the concepts of state responsibility and international financial co-operation to provide long-term assistance to the victims. My central argument focuses on the suitable legal regime in which the prosecution strategy is to successfully prosecute traffickers in person, improve survivors’ protection, and reinvigorate obligations imposed on the states.

scholarly journals ANALISIS PERBANDINGAN PUTUSAN PEMIDANAAN TERHADAP PELAKU TINDAK PIDANA PERDAGANGAN ORANG (T.P.P.O) (STUDI PUTUSAN NOMOR 632 K/PID.SUS/2016 DAN PUTUSAN NOMOR 1447K/ PID.SUS/ 2016)

2019 ◽  
Vol 21 (2) ◽  
pp. 43-60
Author(s):  
Saras Sulistyawati
Keyword(s):  
Human Trafficking ◽  
The State ◽  
The Other ◽  
Trafficking In Persons ◽  
Abuse Of Power ◽  
Legal Norms ◽  
Criminal Sanctions ◽  
Debt Bondage ◽  
The Law ◽  
The Right

 Human Trafficking is an act of recruitment, shelter, sending, transferring, or accepting someone with the threat of violence, using violence, kidnapping, confinement, counterfeiting, fraud, abuse of power or vulnerable positions, debt bondage or paying or benefits, so obtain approval from the person who holds control over the other person, whether carried out within the state or between countries, for the purpose of exploitation or to result in exploitation (Law Number 21 of 2007 concerning the Eradication of Crimes in Trafficking in Persons).           This study aims to analyze aspects of judges' consideration of the criminal termination of perpetrators of trafficking in persons in Decision Number 632.K / PID.SUS / 2016 and Decisions Number 1447.K / PID.SUS / 2016, covering juridical, philosophical, and sociological aspects. Juridical aspects are based on the existing legal umbrella and judge as the applicator, sociological aspects, namely the application of the law concerning the values ​​of society in order to create legal justice, and philosophical aspects that are based on the value of truth and justice.           This research is a type of normative juridical research that focuses on studying the application of positive legal norms or norms.           The problem in this study regarding the basis of the judge's consideration in imposing criminal sanctions against perpetrators of trafficking in persons and the comparison of judges' considerations related to criminal imposition of perpetrators of human trafficking in decisions No. 632.K / PID.SUS / 2016 and Decisions Number 1447.K / PID.SUS / 2016.           From the results of this study indicate that, the application of the law where the judge as the applicator is in accordance with the values ​​of the law, and the community, but still very minimal or the need for more policies on victims of trafficking, namely the right to restitution (restoration of the rights of victims from trafficking).

Ethical Challenges: Less About Moral Wrongdoing and More About Communication Breakdown

2015 ◽  
Vol 20 (3) ◽  
pp. 72-84 ◽  
Author(s):  
Paula Leslie ◽  
Mary Casper
Keyword(s):  
Ethical Challenges ◽  
Speech Language Pathology ◽  
Thickened Liquids ◽  
Communication Breakdown ◽  
Professional Duty ◽  
Language Pathology ◽  
The Law ◽  
Personal Case

“My patient refuses thickened liquids, should I discharge them from my caseload?” A version of this question appears at least weekly on the American Speech-Language-Hearing Association's Community pages. People talk of respecting the patient's right to be non-compliant with speech-language pathology recommendations. We challenge use of the word “respect” and calling a patient “non-compliant” in the same sentence: does use of the latter term preclude the former? In this article we will share our reflections on why we are interested in these so called “ethical challenges” from a personal case level to what our professional duty requires of us. Our proposal is that the problems that we encounter are less to do with ethical or moral puzzles and usually due to inadequate communication. We will outline resources that clinicians may use to support their work from what seems to be a straightforward case to those that are mired in complexity. And we will tackle fears and facts regarding litigation and the law.

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