The Protection of Women and Children as Victims of Human Trafficking in Jambi Province

The research aims at studying the policy of the Regional Government in protecting the victims of human trafficking, especially females and children. This legal research is based on an empirical study at Regional Police (POLDA), P2TP2A, and Social Services office in Jambi Province. The Law Number 35/2014 on the Amendment of The Law Number 23/2002 on Child Protection provides a greater portion for the Regional Government to take active roles in providing child protection and Presidential Regulation Number 69/2008 about Task Force Prevention and Handling the Criminal Act of Trafficking Victim. Using analysis of descriptive qualitative, it is learned that the handling of the women and children as victims of trafficking remain partially. The responsible institutions have not well-coordinated because a task force as commissioned by Presidential Regulation number 69/2008. The results show that Jambi Province has passed Jambi Province Regional Regulation Number 2/2015 on Prevention and Handling of Human Trafficking towards Females and Children. However, the study also shows that the regulation has not been applied by related parties since Governor’s regulation as implementing regulation is inexistent.

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UPAYA HUKUM TERHADAP ORANGTUA YANG TIDAK MELAKSANAKAN KEWAJIBAN ALIMENTASI DALAM PERSPEKTIF PERLINDUNGAN ANAK

Jurnal Privat Law ◽

10.20961/privat.v7i2.39341 ◽

2019 ◽

Vol 7 (2) ◽

pp. 307

Author(s):

Tyas Sekar Mawarni ◽

Anjar Sri Ciptorukmi Nugraheni

Keyword(s):

Child Protection ◽

Theoretical Studies ◽

Cost Of Living ◽

Legal Research ◽

Conceptual Approach ◽

Family Problems ◽

The Law ◽

The Right ◽

Legal Substances

AbstractThe purpose of this study is to explain the legal efforts that can be done if the parents do not implement the obligation of alimentation in the perspective of child protection. The method used is the method of legal research normatif (legal research), with the approach of the law (statute approach) and conceptual approach (conseptual approach). The legal substances used in this study include primary and secondary legal materials. The results of this study explain the parental remedies that do not carry out alimentation obligations in theoretical studies can be done by litigation or court and non-litigation or out of court. However, for non-litigation settlement in Indonesia is not yet available for family problems. Legal efforts through litigation may include the filing of livelihood rights and the execution of a permanent judge’s decision regarding the right of alimentation (cost of living).Keywords: Legal effort;alimentation obligation; child; and child protection. AbstrakTujuan penelitian ini ialah untuk menjelaskan upaya hukum yang dapat dilakukan apabila orangtua tidak melaksanakan kewajiban alimentasi dalam perspektif perlindungan anak.Metode yang digunakan ialah metode penelitian hukum normatif (legal research), dengan pendekatan undang-undang (statute approach) dan pendekatan konseptual (conseptual approach).Bahan hukum yang dipergunakan dalam penelitian ini meliputi bahan hukum primer dan sekunder.Hasil penelitian ini menjelaskan mengenai upaya hukum orangtua yang tidak melaksanakan kewajiban alimentasi secara kajian teoritis dapat dilakukan dengan litigasi atau pengadilan dan non-litigasi atau di luar pengadilan.Namun, untuk penyelesaian melalui nonlitigasi di Indonesia belum difasilitasi Negara Mengenai masalah keluarga. Upaya hukum melalui Litigasi dapat berupa pengajuan hak nafkah dan eksekusi putusan hakim yang berkekuatan tetap mengenai hak alimentasi (biaya nafkah).Kata Kunci: Upaya hukum; kewajiban alimentasi;anak;dan perlindungan anak.

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12. Child Protection

Family Law ◽

10.1093/he/9780198811848.003.0012 ◽

2019 ◽

pp. 825-915

Author(s):

Joanna Miles ◽

Rob George ◽

Sonia Harris-Short

Keyword(s):

At Risk ◽

Social Services ◽

Family Life ◽

Child Protection ◽

Well Being ◽

State Intervention ◽

Legal Framework ◽

The Social ◽

The Law ◽

Interim Measures

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the law on state intervention into family life where a child is considered to be ‘in need’ or at risk of significant harm. It discusses the competing approaches to state intervention and the principles underpinning the Children Act (CA) 1989; the legal framework governing local authority support for children in need under Part III of the CA 1989 and the Social Services and Well-Being (Wales) Act 2014; the law and procedure regulating compulsory intervention into family life by means of care proceedings under Part IV; and the various emergency and interim measures available to protect a child thought to be at risk of immediate harm.

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PERGESERAN PENYELENGGARAAN PEMERINTAHAN DAERAH BERDASARKAN KEWENANGAN KEPALA DAERAH DAN DPRD DARI ORDE BARU SAMPAI REFORMASI

Kertha Semaya : Journal Ilmu Hukum ◽

10.24843/ks.2020.v08.i12.p07 ◽

2020 ◽

Vol 8 (12) ◽

pp. 1898

Author(s):

Rizki Ramadhan

Keyword(s):

Research Methods ◽

Legal Theory ◽

Regional Governance ◽

New Order ◽

Regional Government ◽

Legal Research ◽

Regional Factors ◽

The Law ◽

Distribution Of Power

Tulisan ini bertujuan untuk mengkaji perubahan atas undang-undang tentang pemerintahan daerah yang dimana adanya pergeseran kewenangan Kepala Daerah dan DPRD semenjak pemerintahan orde baru sampai reformasi, dengan menggunakan teori hukum Separation Of Power dan Distribution Of Power sebagai pisau analisis berdasarkan metode penelitian hukum yuridis normatif. Hasil studi menunjukkan bahwa perundang-undangan tentang pemerintahan daerah ternyata telah mengalami lima kali pergantian dan dua kali perubahan atas undang-undang terbaru yang dampaknya berpengaruh terhadap pelayanan di masyarakat. Atas hal tersebut diketahui bahwa pergeseran atas penyelenggaraan pemerintahan daerah atas kewenangan Kepala Daerah dan DPRD ini dipengaruhi beberapa faktor, diantaranya yaitu faktor daerah, kepentingan, dan kebijakan politik dari setiap zaman. This paper aims to examine changes to the law on regional governance where there has been a shift in the authority of the Regional Head and DPRD from the New Order government to reform, using the legal theory of Separation of Power and Distribution of Power as an analysis knife based on normative juridical legal research methods. The results of the study show that the legislation on regional government has actually undergone five changes and two changes to the latest law which has an impact on services in society. Based on this, it is known that the shift in the administration of regional government to the authority of the Regional Head and DPRD is influenced by several factors, including regional factors, interests, and political policies from every era.

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Optimization of The Village Roles in Countermeasure to Criminal Acts of Human Trafficking

SHS Web of Conferences ◽

10.1051/shsconf/20185408012 ◽

2018 ◽

Vol 54 ◽

pp. 08012

Author(s):

Erma Rusdiana ◽

Eny Suastuti ◽

Syamsul Fatoni

Keyword(s):

Human Trafficking ◽

Migrant Workers ◽

Legal Research ◽

Village Level ◽

The Poor ◽

Recruitment Activities ◽

The Law ◽

Village Government ◽

The Village

This research is based on the criminal acts of human trafficking phenomenon through the Indonesian migrant workers delivery initially impersonating the recruitment activities by the scalpers in the village level in number of ways. The evidences show the poor village authorities regarding the issue at hand and relating to its people working abroad. This research aims to analyze Law No 18 of 2017 mandating the village government to actively participate in protecting the Indonesian especially the criminal acts of human trafficking cases. This is doctrinal legal research; employing the law approach in the sense of law in the book applying the statute approach. This research demonstrates the argument of Law No. 18 of 2017 legalization which is to provide the village authorization setting to extend migrant workers protection before, during, and after completion of their work. To implement the Article 42 pertaining to village’s duties and responsibilities, its government can arrange the village regulation about PMI. It is clearly stated in Law No 6 of 2014 about Village. It is subsequently beneficial in a way that the village, as the main key of worker distribution, actively participates in criminal acts of human trafficking anticipation impersonating the Indonesian migrant workers delivery and simultaneously provides the Indonesian migrant workers protection.

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Perlindungan Hukum Terhadap Korban Perdagangan Perempuan Dan Anak (Trafficking) (Studi Pengadilan Negeri Medan)

JUNCTO: Jurnal Ilmiah Hukum ◽

10.31289/juncto.v1i1.200 ◽

2019 ◽

Vol 1 (1) ◽

pp. 89-99

Author(s):

Lisana Dewi Sidqin Tekualu ◽

Anggreini Atmei Lubis ◽

Riswan Munthe

Keyword(s):

Population Growth ◽

Human Trafficking ◽

Legal Protection ◽

Public Prosecutor ◽

The Public ◽

Long Time ◽

Case Files ◽

Women And Children ◽

The Law ◽

Indirect Protection

Human trafficking is a special criminal act that has been going on for a long time and is very difficult to eradicate. Medan City is one of the biggest cities in Indonesia which is one of the cities contributing to the exploitation of women and children, due to population growth that is far more dominant by women compared to men. This type of research is a normative juridical descriptive nature. Forms of legal protection for victims of trafficking of women and children are direct and indirect. It can directly be in the form of compensation in the form of restitution and compensation, and providing protection in the rights of other victims, such as giving a new identity, granting physical and psychological rehabilitation, and so forth. Indirect protection is the pouring of rules regarding trafficking for potential victims with the threat of criminal confinement and fines. In upholding the law to traffickers, it can be carried out in several stages, namely investigation and investigation by the police, examination of the completeness of case files by the public prosecutor, examination in trial, and carrying out a decision (execution) from the court

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Pelaksanaan Penghapusan Perdagangan Perempuan dan Anak Di Kabupaten Bintan

Journal of Law and Policy Transformation ◽

10.37253/jlpt.v5i1.815 ◽

2020 ◽

Vol 5 (1) ◽

pp. 113

Author(s):

Elza Syarief ◽

Ibnu Kholdun

Keyword(s):

Human Trafficking ◽

Task Force ◽

Women And Children ◽

Made In

The thesis discussed the effectiveness of task force of the efforts to the removal of trade women and boy who is victims of human . Various policies which created a government pertaining to crimes trade women and children , basically the policy made relatively comprehensive , starting from the constitution of 1945 to regulations below. Effort task force against the removal of trade women and children is currently still less effective. This can be seen from there are still many the cases of trafficking of women and children. Efforts task force made in to reduce and a handle human trafficking as a form of prevention to be victims , done by means of coordination , socialization , rehabilitation and reintegrated.

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Analisis RUU Anti Trafficking di Indonesia

Musãwa Jurnal Studi Gender dan Islam ◽

10.14421/musawa.2006.43.419-443 ◽

2006 ◽

Vol 4 (3) ◽

pp. 419

Author(s):

Wahyuni Shifatur Rahmah

Keyword(s):

Human Trafficking ◽

Action Plan ◽

Unwanted Pregnancy ◽

Human Beings ◽

National Action Plan ◽

Sexually Transmitted ◽

Trafficking In Women ◽

Women And Children ◽

The Law ◽

The Government

Trafficking was initially associated with prostitution but, infact, it includes some other exploitations and slavery. Human trafficking keeps growing and its farm and complexity are changing from time to time_the only persistent thing is its characteristic of human exploitation. It is illegal activity and is against human rights: it is against the rights of its victims, which include women, children and worker. Trafficking is vulnerable to the emergence of violence against human beings, unwanted pregnancy, and sexually transmitted (STD) and infectious diseases. The networks of trafficking are currently well organized and, therefore, it demands a more serious and global attention to deal with the issue. Each country, including Indonesia, has to rethink about its system of law to be able to prosecute the traffickers and help the victims, both materially and immaterially. Some countries have ratified and implemented the anti-trafficking law. In Indonesia, however, the law is presently neither ratified nor implemented yet. The government of Indonesia, nonetheless, proclaimed the national action plan for the elimination of trafficking in women and children and made RUU (draft of laws) on anti, trafficking. So many women and children in Indonesia are waiting for the law that liberates them from any violence or exploitation and enables them to enjoy freedom of life. This draft, therefore, has to be immediately ratified.

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MENCARI HUKUM YANG BERKEADILAN BAGI ANAK MELALUI DIVERSI

Perspektif Hukum ◽

10.30649/phj.v18i2.158 ◽

2019 ◽

Vol 18 (2) ◽

pp. 175

Author(s):

Rr. Putri A. Priamsari

Keyword(s):

New York ◽

Juvenile Justice ◽

Restorative Justice ◽

Social Services ◽

Child Protection ◽

Best Interests ◽

Legal Counsel ◽

Rights Of The Child ◽

Judicial Proceedings ◽

The Law

According to UNICEF, no less than 4000 Indonesian children are brought to court every year with reports of relatively minor crimes such as theft, persecution, spreading hoaxes and others. Where children who are faced with the law generally are not accompanied by legal counsel or social services. Indonesia has had a umbrella act in protecting children's welfare, namely Law Number 4 of 1979 concerning Child Welfare which was then followed by Law Number 23 of 2002 concerning Child Protection which has now been replaced with Law Number 35 of 2014 concerning Child Protection as implementation of the Convention on the Rights of the Child (Convention on the Rights of the Child, 1989, New York). Taking into account that the handling of child cases dealing with the law must really guarantee the protection of the best interests of the child and must aim at the creation of Restorative Justice, both for Children and Victims of Children and to create Restorative Justice, before resorting to judicial proceedings at the prosecution level General must strive for Diversion. Provisions regarding this diversion are also regulated in Supreme Court Regulation Number 4 of 2014 concerning Diversion. The enactment of the 2014 PERMA is intended so that juvenile justice in Indonesia can be carried out more efficiently, while still considering its welfare.

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The prevention of child trafficking crimes and its legal reform

E3S Web of Conferences ◽

10.1051/e3sconf/20185200033 ◽

2018 ◽

Vol 52 ◽

pp. 00033

Author(s):

Nanci Yosepin Simbolon ◽

Madyasah Ablisar

Keyword(s):

Human Trafficking ◽

Child Protection ◽

Women Empowerment ◽

Child Trafficking ◽

Protection Measures ◽

The Media ◽

Women And Children ◽

Trafficking Victims ◽

The Impact ◽

Protection Commission

The news about human trafficking especially children in Indonesia is increasing both domestically and across borders. The crime also includes in the form of labor smuggling, immigrant smuggling, slave trade, women and children. One of the most serious and very complex issues is the impact it has on and directly related to the child’s fate. In 2016, the Ministry of Women Empowerment and Child Protection reported, there were 943 victims of human trafficking reported in 65 the media. Separately, the Indonesian Child Protection Commission officially identifies 307 child trafficking victims. It remains unclear whether these two processes lead to an investigation or provision of protection to victims. This research uses normative research method to find out the prevention of child trafficking crime and form of legal renewal about child trafficking. This study states that the prevention of child trafficking victims is by prevention, prosecution to traffickers, and protection measures against victims. In addition, there needs to be a renewal of criminal law which should also focus on the protection of victims of trafficking in persons so as to provide opportunities for victims to gain their rights.

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Legal Protection for Human Trafficking Victim, Especially Women and Children in West Kalimantan

International Journal of Multi Discipline Science (IJ-MDS) ◽

10.26737/ij-mds.v1i1.419 ◽

2018 ◽

Vol 1 (1) ◽

pp. 42

Author(s):

Yenny AS ◽

Nurfitriawati Nurfitriawati ◽

Klara Dawi ◽

Sri Ayu Septinawati

Keyword(s):

Legal Protection ◽

Legal Research ◽

Trafficking Victim ◽

West Kalimantan ◽

Analysis Techniques ◽

Cross Border ◽

Legal Enforcement ◽

East Malaysia ◽

Women And Children ◽

Roman Letter

West Kalimantan Province, as one of provinces in Indonesia which has specific geographical condition is bordering with East Malaysia through official Cross-Border Post between Entikong and Tebedu, Badau and Lubuk Antu, Aruk and Biawak, and no less than fifty path ways (not official) can be passed to get in and get out to and from East Malaysia region. This geographical encouraged trafficking improvement to abroad with various modes. In fact, trafficking was affected by many factors, including stigma, poverty, lack of education, family resilience, and other factors, where women and children are the victim. The aim of this research to reveal how is the legal protection for the victim. Although there were many studies had been done about it, but the focus of this research is the obstacles face to give legal protection for the victims of trafficking in West Kalimantan border, where the top of the problem is victims role, sometimes they don’t realize that they are the victims, so legal protection effort as stipulated in Trafficking Rules was not optimal. Through socio-legal research found an interesting thing, the lack of victim realized they were victims who have to get legal protection, so complicated a legal assistant for legal effort. Beside of that, trafficking as transnational crime and organized, it is complicated for legal enforcement, because of trafficking perpetrators are in the state border cross. The abstract contains: research objectives, implementation methods, analysis techniques and activity results. Typed with font Times New Roman letter 11, single space, and italicized.

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