scholarly journals Child Stateless sebagai kelanjutan dampak Human Trafficking dalam lingkup ASEAN

2020 ◽  
Vol 2 (2) ◽  
pp. 121
Author(s):  
Yumni Rizqika Ahlina ◽  
Teuku Rezasyah ◽  
Dina Yulianti

Human Trafficking merupakan salah satu bentuk Transnational Organized Crime yang namanya tak asing lagi di abad ke- 21. Aspek yang menjadi sasaran dari Human Trafficking ini sendiri adalah pelanggaran Hak Asasi Manusia yang pada akhirnya mengancam Keamanan Manusia dari para korban yang merupakan pekerja migran di Kawasan Asia Tenggara terkhusus kasus Human Trafficking pekerja migran Indonesia di Malaysia. Tujuan ekonomi yang menjadi pendorong utama masyarakat ASEAN yang mayoritas adalah masyarakat dengan pendapatan perkapita menengah kebawah perlu untuk mencari peluang pekerjaan di luar negaranya. Iming- iming yang menggugah dan memunculkan pemikiran bahwa bekerja di luar negeri adalah peluang besar untuk mendapatkan kesejahteraan, maka kebanyakan pekerja migran lebih memilih untuk mengakses jaringan jaringan ilegal yang mudah dan murah. Tanpa disadari kasus Human Trafficking mampu menghasilkan masalah jangka panjang yakni bertambahnya populasi Child Stateless yang akan menanggung akibat sebagai individu yang tidak memiliki kewarganegaraan.

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.


Author(s):  
Frank G. Madsen

This article discusses a virtually unknown but growing role of the UN, which is its contribution to combating transnational organized crime. This includes illicit drug and human trafficking. UN efforts in this area are based on the Charter and the Universal Declaration of Human Rights. The article stresses that reinterpretations of older conventions are important in modern times, where national authorities may be at a disadvantage in fighting illicit activity. The article determines that destroying terrorism and money laundering is similar to stopping the trafficking of illicit drugs and humans, since these should be intrinsic and not additional UN activities.


2015 ◽  
Vol 9 (1) ◽  
pp. 1-25 ◽  
Author(s):  
Tatiana Zhidkova

AbstractThis study examines the impact of globalization on the emergence of human trafficking as a transnational security threat. The author discusses the relationship between globalization and violent non-state actors (VNSAs), seeing human trafficking as one of VNSAs threatening the state in the age of globalization. The erosion of state sovereignty and emergence of transnational organized crime are analyzed in an attempt to understand the role of globalization in transforming human trafficking into a transnational challenge.


2020 ◽  
Vol 7 (1) ◽  
pp. 67-94
Author(s):  
Pricillia Monique ◽  
Vita Amalia Puspamawarni

Human trafficking is a serious Transnational Organized Crime (TOC) faced by countries globally, including Indonesia and its neighbor, Malaysia. Both countries are categorized as tier 2 in the Palermo Protocol watchlist for their ineffective implementation of national laws and regulations to prevent or stop human trafficking. While Indonesia becomes the source country for human trafficking, Malaysia is the receiving country with the most Indonesian victims of human trafficking. There has been an increasing number of cases in 2014-2016. This paper aims to answer the main research question: what has caused the increase of human trafficking cases between Indonesia and Malaysia within this period? While internal factors from the source country influence human trafficking, external and personal factors contribute to the cases.


2021 ◽  
Author(s):  
Moses Kay-Leun Wong

In the post-9/11 era, the Canadian and the United States government are facing two phenomena, Narco-Terrorism and Crime-Terror Nexus. Terrorist groups and transnational organized crime are aligning their illicit activities. This thesis will demonstrate how the convergence of these two clandestine enterprises changes human trafficking and smuggling operations, and thus pose a higher caliber threat to vulnerable populations, such as victims of trafficking and refugees. Links will be drawn to explain why Canada’s current border security and refugee system are ill-equipped to address these nefarious activities. The thesis proposes recommendations offered by Canadian experts in the field of migration policy and international security. However, implementations depend heavily on how receptive Canada’s general public is. The majority of Canadians are not aware that issues of human trafficking and smuggling and refugee are intertwined with border security, transnational organized crime, and now terrorist groups.


2020 ◽  
Vol 4 (1) ◽  
pp. 143-150
Author(s):  
Yuda Prasetya

 Human trafficking is a form of transnational crime. One of the cases that occurred in 2019 was the torture of one of the Female Workers even being made a sexual gratification is one proof of the cruelty of human trafficking. Several Conventions have been held to prevent human trafficking. The UN in 2000 issued the Palermo Protocol on Preventing, Eradicating and Punishing Trafficking in Persons. The perpetrators of human trafficking have violated human rights because of exploitation. The Government of Indonesia issued The Act Number 21 of 2007 concerning the Eradication of the Criminal Act of Trafficking in Persons as an action to prevent trafficking in persons. Efforts to protect victims are also carried out by protecting, helping to resolve victims' problems and repatriating victims.  


2021 ◽  
pp. 52-59
Author(s):  
Yury A. Kuzmin

The problem of preventing crime against migrants is updated. The urgency of issues related to preventing crimes against migrants as the main factor of criminality prevention in general is substantiated. The relevance of the topic is caused by the fact that in modern conditions, the attitude to migrants in accordance with the norms of international law is equally ambivalent. Migrants are exposed to numerous risks of victimization, and many of them suffer from victimization – sometimes repeatedly, and sometimes even systematically. Such risks of victimization can be classified together with their individual background of emigration and immigration. The two main types of criminal behaviour that is of interest to criminal policy – human trafficking and human smuggling – are addressed in the two Amendment Protocols to the UN Convention against Transnational Organized Crime (Palermo Convention): the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children and the Protocol against the Smuggling of Migrants by Land, Sea and Air. In the latter document, migrants are perceived as offenders, not as victims, especially in legal treatment of smuggling. This is justified by the fact that migrants represent a demand for smuggling services, and this demand is considered the main incentive for this branch of organized crime, including transnational one. However, current legal situation – both the international legal framework and the legal provisions applied in the main jurisdictions – does not reflect the victimological reality of migration. The distinction between human trafficking and people smuggling (trafficking) creates a significant gap in the treatment of victims. The same is true of public, political and academic discussions that tend to ignore the reality of migration, which is characterized by the fact that not only victims of trafficking, but migrants in general, are clearly vulnerable and are at multiple risks of victimization. The problem of preventing crime against migrants is that it is hardly possible to justify a politically motivated dividing victims of criminal acts into two groups (trafficking in persons and smuggling of migrants) in order to achieve two different standards of protection, especially in light of the enormous risks of victimization to which all migrants are exposed.


2017 ◽  
Author(s):  
Mhd. Teguh Syuhada Lubis

The developments of information technology and transport is increasing so as to make the boundaries between countries increasingly apparent. Traffic is more easily accessible. More open the traffic between countries in the globalization era also led the increasing of mobility of goods and people between one country to another country. The opening track between countries are not only used for business necessities of life, but also the movement of people from one country to another. The flow of human movement, basically is the goal to find the solution of all the problems that they find in the place of themselves. The movement of human movement is a gap for the occurrence of crime. In the context of transnational crime, human trafficking is a form of transnational organized crime that potentially cause the kinds of implications for other crimes. Human smuggling can be a weak dose of a country’s legal system in dealing with covert motivation of the imigiran to make the country as a state intermediary for the crime. Other crimes may arise due to the omission of the practice of human trafficking, such as conventional crimes (fraud, rape, murder, and theft), shipping, human trafficking, money laundering, banking crimes and terrorism.


Author(s):  
Nazim Aliyev ◽  
Andrey Borbat

The authors analyze versatile manifestations of globalization, the internationalization of the global community development in the modern technogenic conditions, and conclude that these processes lead not only to positive, but, unfortunately, also to negative consequences. Specifically, they focus on the qualitative and quantitative changes in the heterogeneous structure of the so-called transnational organized crime. It is claimed that the most dangerous of them are cybercrimes, drug-related crimes, and human trafficking, which became the object of theoretical and empirical research. The study of international and national materials made it possible to apply a multi-aspect approach to the analysis of the normative basis and statistical data in this sphere. The authors identify the trends and regularities in the development of modern drug-related crimes in the plain of global and local socio-political, economic and legal phenomena; they also identify the priorities for the work of government bodies, including law enforcement agencies, aimed at counteracting these crimes. For cybercrimes, the authors outline the scope of the most dangerous types of illegal activities against national and economic security of states, against the rights and freedoms of their citizens; primarily, they single out the spread of terrorist threats, fraud related to financial and commercial information, personal data, etc. They analyze the clauses of the basic international normative legal act on counteracting cybercrime - the Budapest Convention of the Council of Europe - and pay special attention to the differentiation of crimes while taking into account this type of illegal activity, as well as the enforcement of the Convention in modern conditions. The essence of international terrorism is determined based on the statistical data and their correlation in one or another state; ideologically radical worldviews, separatism, personal ambitions of modern elites are recognized to be key prerequisites for this work. It is claimed that, as a type of transnational crime, global human trafficking is rather dangerous for modern society because of its considerable latency; its manifestations are described, it is also noted that a complex of preventive measures should be implemented at the international and national levels. The authors conclude that transnational crime is an urbanized deeply interconnected phenomenon that does not exist in a pure form and requires highly coordinated large-scale actions from the global and the national communities, as well as adequate professional training of law enforcement employees.


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