PERSEFEKTIF IN HUMAN TRAFFICKING CRIME LAW NUMBER 39 OF 1999 ON HUMAN RIGHTS CASE AGAINST CHILD TRAFFICKING IN MEDAN

2020 ◽  
Vol 2 (1) ◽  
pp. 46-51
Author(s):  
Ida Monika Putu Ayu Dewi

Laws are the norms that govern all human actions that can be done and should not be carried out both written and unwritten and have sanctions, so that the entry into force of these rules can be forced or coercive and binding for all the people of Indonesia. The most obvious form of manifestation of legal sanctions appear in criminal law. In criminal law there are various forms of crimes and violations, one of the crimes listed in the criminal law, namely the crime of Human Trafficking is often perpetrated against women and children. Human Trafficking is any act of trafficking offenders that contains one or more acts, the recruitment, transportation between regions and countries, alienation, departure, reception. With the threat of the use of verbal and physical abuse, abduction, fraud, deception, abuse of a position of vulnerability, example when a person has no other choice, isolated, drug dependence, forest traps, and others, giving or receiving of payments or benefits women and children used for the purpose of prostitution and sexual exploitation. These crimes often involving women and children into slavery. Trafficking in persons is a modern form of human slavery and is one of the worst forms of violation of human dignity (Public Company Act No. 21 of 2007, on the Eradication of Trafficking in Persons). Crime human trafficking crime has been agreed by the international community as a form of human rights violation.  

2021 ◽  
Author(s):  
Amy Weatherburn

The 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime provides the first internationally agreed definition of the human trafficking. However, in failings to clarify the exact scope and meaning of exploitation, it has created an ambiguity as to what constitutes exploitation of labour in criminal law. <br>The international definition's preference for an enumerative approach has been replicated in most regional and domestic legal instruments, making it difficult to draw the line between exploitation in terms of violations of labour rights and extreme forms of exploitation such as those listed in the Protocol. <br><br>This book addresses this legal gap by seeking to conceptualise labour exploitation in criminal law.


2016 ◽  
Vol 17 (1) ◽  
pp. 148-177
Author(s):  
Bonny Ling

In recent years, the Chinese government has notably begun to address the issue of trafficking in persons through several high-profile national initiatives. The State Council of the People’s Republic of China released the country’s first national anti-trafficking plan in December 2007, followed by China’s accession to the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children in February 2010. However, tackling human trafficking is a serious domestic challenge. This article argues that China’s response to its trafficking problem is obstructed by a legal definition in its criminal law that falls short of international standards. These shortfalls include the exclusion of adult male victims and predicating domestic criminalisation on the purpose of selling a person as opposed to the element of exploitation. Because the offence of trafficking is defined and applied differently in China, examining these particular aspects of the domestic criminal offence is critical to a fuller understanding of human trafficking in the country. This article discusses these important ramifications and also traces the legal history of China’s criminalisation of trafficking since the adoption of the country’s first criminal law in 1979, focusing on the disappearance of an inclusive, gender-neutral approach to the crime of human trafficking in the Chinese context.


2021 ◽  
Vol 23 (3) ◽  
pp. 356
Author(s):  
Evie Ariadne ◽  
Benazir Bona Pratamawaty ◽  
Putri Limilia

After thirteen years of Law Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons implemented, it still unable to release Indonesia from cases of trafficking in persons. Indonesia, is not only as primarily a source country in the trafficking process, but it is also used as a destination and transit country. And which is very terrible, all provinces (34 provinces) in Indonesia are the origin and destination of trafficking in persons and the victims are mostly experienced by women and children. The most common forms of trafficking are for forced labour and sexual exploitation as women, children and men are moved domestically and across international borders. They are exploited in the sectors of the fishing and fish processing industry, construction; plantation, oil palm plantation, mining and manufacturing. The poverty factor is considered to be the main trigger for prospective Indonesian workers. Another thing is because of natural disasters which are also vulnerable to human trafficking. In addition, endemic corruption among government officials contributes to the vulnerability of trafficking in persons, especially in the travel, hotel and labour recruitment industries. The phenomenon of globalization is one of the factors in the spread of contemporary (modern) issues, which affected to human trafficking. Advances information technology, are opportunities for the expansion of crime networks, both national and transnational (across borders). The borderless world maks cross-cultural social integration, people move around freely without any obstacles, causes various modes of crime to emerge, such as human trafficking.


2013 ◽  
Vol 1 (1) ◽  
Author(s):  
Erdianto Effendi

Combating Human Trafficking Through Criminal Law. In modern day slavery does not exist anymore. However, the practice of slavery in modern times transforms into human trafficking. Trafficking in persons in general can be defined as a condition where people, especially women and children, are for sale to work and they are forced to be involve in prostitution. Then the question is, how is it necessary to criminalize human trafficking? This article concludes that the actions to criminalize human trafficking is right based on the theory of crime. In addition, it is in line with the politics of state law as reflected in the national long-term development plan. DOI: 10.15408/jch.v1i1.2982


2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Fransiska Novita Eleanora ◽  
Anggreany Haryani Putri

AbstrakPerdagangan manusia semakin marak terjadi dimana-mana,  dimana penyebab utamanya adalah kemiskinan, lapangan kerja yang sempit dan banyaknya pengangguran, dan akibatnya menghalalkan  segala cara, ketidakpahaman masyarakat terhadap perdagangan manusia mengakibatkan dirinya menjadi korban, yang mengalami penderitaan fisik, psikis, bahkan trauma yang berkepanjangan, dan butuh waktu yang lama untuk melakukan pemulihan dan rehabilitasi. Hal ini diatur dalam Undang-Undang No. 21 Tahun 2007 Tentang Tindak Pidana Pemberantasan Perdagangan Orang (TPPPO), dengan ancaman pidana penjara dan sanksi yang berat, kepada siapa yang terbukti melakukan tindak pidana perdagangan manusia berupa penjualan, penculikan, bujuk rayu, kebohongan, penculikan, penipuan yang mengakibatkan tereksploitasi. Hak-hak korban mengenai kompensasi, restitusi dan rehabilitasi merupakan tanggungjawab negara sebagai bentuk perlindungannya terhadap warganya. Tujuan dari dilakukannya kegiatan pengabdian ini agar masyarakat desa sukaraja kecamatan tambelang kabupaten bekasi dapat mengantisipasi diri untuk tidak menjadi korban perdagangan manusia, karena kejahatan akan selalu ada dimana saja,  yang rentan untuk menjadi korban eksploitasi ekonomi dan seksual adalah anak dan perempuan, karena diangap lemah dan tidak mempunyai kekuatan  untuk melakukan perlawanan. Sedangkan manfaatnya adalah, jikalau sudah terjadi korban, bagaimana prosedur yang harus dilakukan, untuk mendapatkan ganti rugi yang layak, dan bagaimana juga jika pelaku berasal dari keluarga yang tidak mampu, apakah ganti rugi dapat diberikan kepada korban, serta rehabilitasi yaitu tindakan pemulihan korban, dimana rehabilitasi medis dengan pemberian obat-obatan dan rehabilitasi psikososial dengan cara mengembalikan kepada keluarganya, dan masyarakat. Masyarakat dan keluarga mau menerimanya kembali seperti sedia kala. Kata kunci :  Perdagangan, Manusia, Hak, Tindak Pidana Abstract Human trafficking is becoming increasingly widespread, where the main causes are poverty, narrow employment and unemployment, and consequently justifies any means, people's lack of human trafficking leads to victimization, suffering physical, psychological, and even prolonged psychiatric disorder, and it took a long time for recovery and rehabilitation. This is regulated in Law no. 21 Year 2007 on the Crime of Combating Trafficking in Persons (TPPPO), with the threat of imprisonment and severe penalties, to those proven to commit human trafficking in the form of sales, kidnappings, seductions, lies, kidnappings, fraud which resulted in exploitation. The rights of victims of compensation, restitution and rehabilitation are the responsibility of the state as a form of protection against its citizens. The purpose of this community service is to ensure that the villagers in the sub-district on Bekasi district of Tambelang can anticipate themselves not to become victims of trafficking, because crime will always be anywhere, vulnerable to become victims of economic and sexual exploitation are children and women, because they are considered weak and have no power to resist. While the benefits are, if there is a victim, how the procedure should be done, to get a decent compensation, and how also if the perpetrator comes from poor families, whether the compensation can be given to the victim, and rehabilitation is the recovery of the victim, where medical rehabilitation with the provision of medicines and psychosocial rehabilitation by returning to his family, and the community. People and families want to take it back as usual. Keywords: Trade, Human, Rights, Crime


Author(s):  
Hester B Kruger ◽  
Hennie Oosthuizen

Having ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, South Africa is obliged to adopt legislative measures that criminalise human trafficking and comply with other standards laid down in this international instrument. However, by mid-2011, South Africa had not enacted the required comprehensive counter-trafficking legislation. The question that now arises is if the absence of such anti-trafficking legislation poses an insurmountable obstacle to the prosecution of traffickers for trafficking-related activities. In asking this question the article examines the utilisation of existing crimes in order to prosecute and punish criminal activities committed during the human trafficking process. Firstly, a selection of existing common law and statutory crimes that may often be applicable to trafficking-related activities is mapped out. Secondly, transitional trafficking provisions in the Children's Act 38 of 2005 and the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 are discussed. Finally, since the Prevention and Combating of Trafficking in Persons Bill B7 of 2010 will in all probability be enacted in the near future, the use of other criminal law provisions in human trafficking prosecutions, even after the passing of this bill into law, is reflected upon.


2006 ◽  
Vol 4 (3) ◽  
pp. 311
Author(s):  
Muhammad Alfatih Suryadilaga

Trafficking in women and children is a form of slavery. Legal laws highly respect human rights and clearly prohibit human trafficking. This trafficking, nevertheless, is mushrooming nowadays, and is like a chain that has no edge. Islam, which comes as a mercy for all, fully appreciates children's and women's rights. Historically, the coming of Islam has elevated the status of women. The Prophet Muhammad was a hero in combating woman trafficking, as it brought about sexual exploitation and prostitution. Trafficking places women as its object and, therefore, the modem society has to leave it. On top of that, the Qur'an and Hadith definitely ban it


This paper is basically concerned with the status of Women and Children relating to the violation of human rights and its impact. This paper mostly dwells on certain examples of violation of human rights relating to torture, sexual harassment, trafficking and sexual exploitation, rape, and murder or even the violation of domestic workers’ rights emphasizing on the human rights situation in a democratic and a developing country like Bangladesh. In this study, in addition to this, an attempt has been made to unveil the relationship between Human Rights and Police Administration. Most importantly, there is a further attempt to uphold the facts of human rights violations especially concerning the status of women and children mentioning and studying certain sensational cases too. Finally, in this paper, the researcher has endeavored to bring out the actual situation and impact of such violations analyzing and reviewing critically the status of women and children as well as the indigenous community i.e., the rights of indigenous women and children in Bangladesh too and certain facts in different perspectives in connection with the activities of the law enforcers i.e., the police where these agencies are always on action having the responsibilities to protect and ensure the human rights of the citizens in a democratic and developing country like Bangladesh.


AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 147-152
Author(s):  
Janie A. Chuang

Our understanding of human trafficking has changed significantly since 2000, when the international community adopted the first modern antitrafficking treaty—the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Trafficking Protocol). Policy attention has expanded beyond a near-exclusive focus on sex trafficking to bring long-overdue attention to nonsexual labor trafficking. That attention has helped surface how the lack of international laws and institutions pertaining to labor migration can enable—if not encourage—the exploitation of migrant workers. Many migrant workers throughout the world labor under conditions that do not qualify as trafficking yet suffer significant rights violations for which access to protection and redress is limited. Failing to attend to these “lesser” abuses creates and sustains vulnerability to trafficking.


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