scholarly journals HUMAN TRAFFICKING IN INDONESIA, THE DIALECTIC OF POVERTY AND CORRUPTION

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.

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.  


Author(s):  
NORRUZEYATI CHE MOHD NASIR ◽  
MOHAMMAD RAHIM KAMALUDDIN

Human trafficking is a modern form of slavery and organized crime that violates human rights and threatens public and national security. The International Labor Organization (ILO) estimates that there are 40.3 million people have been the victims of human trafficking, with the majority of them are women and children. Children are the most vulnerable and high risk group to be sexually exploited through child marriage and economically exploited as forced labour and beggars. The establishment of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children in 2000, was an international effort to combat this crime. Countries in Southeast Asia are also confronted with this crisis especially involving children and have been identified either as a source, destination or transit countries in the case of human trafficking. While the issue is very alarming, the accurate assessment of child victims is yet to be found due to the clandestine nature of the crime. There are many factors such as poverty, debt bondage, traditional practices that encourage early marriage, low level of education, fraudulent documents and collaboration between the recruiter and family, leader or related agencies have contributed significantly towards the existing child trafficking and sexual exploitation issues. This articles aims to present issues pertaining to child trafficking and exploitation. With that in mind, the current study employs library research as a research design in order to gather information from various sources such as journal articles, books, reports, and conference proceedings. It is highly expected that this article would provide exposure and in-depth understanding regarding child trafficiking and exploitation to related agencies. In-depth understanding is vital to develop related policies and guidelines to curb this transnational crime.  


2020 ◽  
Vol 2 (1) ◽  
pp. 87-95
Author(s):  
Norbertus Oriwardana ◽  
Maidah Purwanti

Thisiarticle describes the problems of crimes against humanity, namely human trafficking and peopleismuggling that occuriin Indonesia. Thereiareithreeicomponents thatiwillibeitheisubject ofithisiarticle.iFirst,ithisiarticleiwillianalyzeitheicausesiofihumanitraffickingiand peopleismuggling in Indonesia. Second,ithisiarticle will examine human traffickingiin Indonesia,iwhich,iasiitiis known,iis a transit country for those who intend to commit transnational crimes. Third, the Indonesian government's efforts to combat human trafficking and people smuggling are viewed from the aspects of international law and immigration crimes. As is well known, from most cases of human trafficking and people smuggling that have occurred, the majority are women and children. Therefore, the crime of smuggling and trafficking in personsiisiaireflectioniofitheiIndonesianigovernmentiwhich does not yet fully have a permanent andibindingilawirelateditoipolicies regulating the movement of people in this case.


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.


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.


10.14197/100 ◽  
1969 ◽  
Author(s):  
Kristiina Kangaspunta

This paper examines the successes and setbacks in the criminal justice response to trafficking in persons. While today, the majority of countries have passed specific legislation criminalising human trafficking in response to the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, there are still very few convictions of trafficking. Using currently available knowledge, this paper discusses four possible reasons for low conviction rates. Further, the paper suggests that due to the heavy dependency on victim testimonies when prosecuting trafficking in persons crimes, members of criminal organisations that are easily identifiable by victims may face criminal charges more frequently than other members of the criminal group, particularly those in positions of greater responsibility who profit the most from the criminal activities. In this context, the exceptionally high number of women among convicted offenders is explored.


2021 ◽  
pp. 151-161
Author(s):  
Heli Askola

Heli Askola examines the early history of international instruments for the suppression of the trafficking in women and children involved in so called ‘white slavery’ as precursors to the more recent developments relating to human trafficking. She challenges the notion of the linear progression in the development of the law and illustrates that the contests between various NGOs and government organizations meant that this development was neither smooth nor uncontested.


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.


2018 ◽  
Vol 6 ◽  
pp. 601-608
Author(s):  
Magdaléna Horáková ◽  
Barbara Pavlíková

Introduction: Studies aimed at supporting or protecting victims of human trafficking are rare, although this is a current issue with global overlap. The aim of this work is to identify the specifics of the victims who use the services of organizations under the Program for Support and Protection of Victims of Human Trafficking in Slovakia.Methods: This research study was conducted using the method of content analysis of interviews with workers of organizations providing services under the Program for Support and Protection of Victims of Human Trafficking in Slovakia and documents issued by the Ministry of the Interior of the Slovak Republic (MoI SR) in 2010-2017.Results: 210 victims of human trafficking included in the Program for Support and Protection of Victims of Human Trafficking were identified in the monitored period - 111 women and 99 men. From the perspective of origin, the area of the Eastern Slovakia was most prevalent. The demographic environment (village, district town, municipal city) did not play a significant role. The most common purpose of human trafficking was sexual exploitation and forced labour. There is no systematic approach in addressing the issue.Conclusion: The creation of a pilot field social work program for victims of human trafficking using case management would help take into account the specificities of human trafficking victims. The program would allow for coordinating the services that might provide a solution to the problem of a trafficked person  At the same time, by using case management, we can prevent the provision of the same services to the client by several organizations and increase the likelihood of a successful solution to the client´s situation and work efficiency.


2018 ◽  
Vol 2 (3) ◽  
pp. 137-140
Author(s):  
Grace Jenny Soputan ◽  
Ferdinand Kerebungu ◽  
Elni Jeiny Usoh

  The issue of human trafficking is increasing in every year and victims  are mostly women and children. After 11 years of law endorsement, Act No. 21 in 2007 on the eradication of trafficking crime, the rate of human trafficking has actually increased in Indonesia and across the world. The purpose of this research is to establish a model of Womens trafficking prevention based on economic empowerment. Quantitative was collected by distributed questionnaires to 250 participants about community knowledge of trafficking. Qualitative was collected by indept interview to a male traffickers, 2 government officials, 10 community members, and 1 victim. We use percentage analysis to know about knowlegde trafficking. Qualitative approach to demonstrate how to prevent women’s trafficking. We find many communities do not understand about human trafficking. Their knowledge of human trafficking is lacking.  The governments program to empower women is not specific to prevent human trafficking. We design model of economic empowerment to prevent women’s trafficking.  


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