The Legal Problems of the Child Trafficking Crime in Indonesia in the View of Human Rights

2021 ◽  
Vol 1 (1) ◽  
Author(s):  
Sofyan Wimbo Agung Pradnyawan ◽  
Dimas Pramodya Dwipayana ◽  
Mini Setiawati
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Social Order ◽  
Child Victims ◽  
Human Being ◽  
Child Trafficking ◽  
State Institutions ◽  
Legal Problems ◽  
Increasing Trend ◽  
Legitimate State

Human rights are basic rights that are inherent in every human being that cannot be reduced at all. This right can only be taken away through legitimate state institutions and with legitimate legal reasons as well, but the increasingly globalized economic flow, and an increasingly advanced social order and leads to industrialization in all fields, creating many new crime models with an increasing trend, one of them is the crime of human trafficking. They are not only adults who are vulnerable to this crime, but it turns out that children are the most vulnerable to this crime, so that their human rights are threatened in all aspects. This study uses a normative juridical method with only the study of laws and literature. The result of the research is that the laws and regulations protecting the human rights of children from human trafficking crimes are inadequate and tend not to be in sync with one another so that they have not been maximized in realizing protection for child victims of human trafficking

Targeting the Right Issue: Trafficked Children and the Human Rights Imperative

2016 ◽  
Author(s):  
Jacqueline Bhabha
Keyword(s):  
Human Rights ◽  
Public Education ◽  
Human Trafficking ◽  
Child Labor ◽  
Child Victims ◽  
Child Trafficking ◽  
At Risk Children ◽  
Education Campaigns ◽  
The Right ◽  
Modern Day Slavery

This chapter examines the flourishing industry in transnational child trafficking leading to different forms of exploitative child labor in peacetime, along with its human rights implications. It begins with a discussion of important innovations in the representation of trafficked children who use the asylum protection system to secure a lawful permanent status, as well as progress in dealing with child victims of trafficking outside the asylum system. It then considers some of the complexities involved in curbing the “supply” of trafficked children, questions regarding the magnitude of human trafficking and how best to counter it, and the assumption that trafficking is simply a form of modern-day slavery. It also describes the law enforcement approach to child trafficking and public education campaigns for at-risk children about the danger of being trafficked. The chapter concludes by suggesting alternatives to existing strategies aimed at stemming the flow of trafficked children.

scholarly journals Tinjauan Literatur Pemerdagangan dan Eksploitasi Kanak- Kanak di Asia Tenggara

2018 ◽  
Author(s):  
NORRUZEYATI CHE MOHD NASIR ◽  
MOHAMMAD RAHIM KAMALUDDIN
Keyword(s):  
Human Trafficking ◽  
Sexual Exploitation ◽  
High Risk Group ◽  
Early Marriage ◽  
Child Victims ◽  
International Labor Organization ◽  
Child Trafficking ◽  
Debt Bondage ◽  
Women And Children ◽  
Forced Labour

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.  

scholarly journals THE INDONESIAN GOVERNMENT’S ROLE IN COMBATING HUMAN TRAFFICKING IN INDONESIA (CASE STUDY 2014-2019)

2020 ◽  
Vol 6 (3) ◽  
pp. 458
Author(s):  
Victoria Advenita ◽  
Ningsih Susilawati ◽  
Andrea Kurnadi
Keyword(s):  
Human Rights ◽  
Qualitative Methods ◽  
Human Trafficking ◽  
Role Theory ◽  
Human Security ◽  
Security Issue ◽  
State Institutions ◽  
The Government ◽  
Fundamental Objective

<p>Based on the fluctuating trend of human trafficking cases which is considered as still high in number, the Government of Indonesia should take serious action in combating these issues in Indonesia to protect the human rights of Indonesian citizens. The human security issue and actions taken by the Government of Indonesia will be the fundamental objective of this research. The theoretical framework used to analyze the issue in this study is the theory of Human Security, Role Theory, and the concept of Human Trafficking. To analyze the data, this study will use qualitative methods. The results show that the government has succeeded in managing several steps that are useful to increase awareness in cooperation and coordination between state institutions. The government has also kept the cooperation well with several foreign states and external parties to eradicate human trafficking not only in Indonesia but also in the international sphere.</p>

scholarly journals The Roles of Local Government in Preventing Woman Trafficking in Laws No 21 of 2007 Perspective That Concer to Crime of Human Trafficking in District of Bone

2018 ◽  
Vol 6 (10) ◽  
Author(s):  
Nur Paikah
Keyword(s):  
Human Rights ◽  
Local Government ◽  
Human Trafficking ◽  
Human Being ◽  
Role Of Government ◽  
Positive Rights ◽  
Women And Children ◽  
The Government ◽  
The Right

This research aims to analyze the process the role of government of human trafficking. Research was conducted at Bone Regency. Methods used the case study method by using a qualitative approach. The results showed human trafficking is one of the crimes against humanity, because this act has violated human rights, and the majority are victims of women and children. Referring to the Law that, every human being, especially women and children, has the right to live peacefully and properly as they should. Therefore, the right of life of every human being cannot be reduced by anyone and under any circumstances including not allowed to be traded, especially women and children. This is where the role of the government, especially the local government of Bone Regency, seeks to guarantee the protection of positive rights for them for their lives. In this case the local government of Bone Regency provides protection and prevention of human trafficking, especially women and children as a form of respect, recognition and protection of human rights is stated explicitly in Article 58 of Law Number 21 of 2007 concerning Crime of Trafficking in Persons.

scholarly journals Narrating the History: The Reinterpretation of Symbolic Reparation for the Reconciliation and Redemption of Child Victims of Conflict

2017 ◽  
Vol 9 (1) ◽  
pp. 98
Author(s):  
Diana Carolina Cañaveral Londoño
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Human Rights Violations ◽  
Constitutional Court ◽  
Child Victims ◽  
Human Being ◽  
Level Of Abstraction ◽  
Large Sector ◽  
Comprehensive Manner ◽  
The Individual

:In Colombia there is a large sector of the population that has been the object of violation and ignorance of their human rights. They, like all victims of this type of violation, need to be repaired in a comprehensive manner. The concept of symbolic reparation that includes this integral reparation aims to reclaim the human being, to reconstruct it from the wounds and traces left by the violation of human rights in his memory. In a more sympathetic sense than is usually attributed to it, it seeks to bring the practice and experience of individuals to a level of abstraction that allows them to conceptualize a specific fact and articulate it with other concepts, so that the individual acquires adequate resilience. In this sense, the exercise and the experience of this reconstruction through the narratives, can provide certain conditions that make possible the process of symbolic reparation, which is exactly what it is tried to demonstrate with this investigation. This document is part of the research entitled "The narratives as a mechanism for the symbolic reparation of children victims of human rights violations", which seeks to understand the factors that make it possible to implement narratives as a mechanisms for symbolic reparation of children who are victims of human rights violations, as opposed to the symbolic reparations that have been erroneously ordered by the Inter-American Court of Human Rights and the Colombian Supreme Court and Constitutional Court.

PACIENTO KONFIDENCIALIOS INFORMACIJOS TEIKIMO VALSTYBĖS INSTITUCIJOMS TEISINIS REGULIAVIMAS

2013 ◽  
Vol 23 (2) ◽  
pp. 5-13
Author(s):  
Giedrius Mozūraitis
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Human Dignity ◽  
Private Life ◽  
Constitutional Court ◽  
Human Being ◽  
Confidential Information ◽  
State Institutions ◽  
European Court ◽  
The Republic

The private life of a patient is protected by international and national legal acts, however, often the information on a patient’s health must be revealed to state institutions. The article reveals the jurisprudence of the Constitutional Court of the Republic of Lithuania in the field of the immunity of patients’ private life. Basing on legal acts, the practice of the Constitutional Court and the European Court of Human Rights, the doctrine of law, the basis of state institutions’ right to obtain confidential information on patients were analyzed as well as the forms and procedure of the provision of information. The analysis of cases is provided when health care institutions cannot provide confidential information on patients to state institutions. A conclusion is drawn that the state’s duty to ensure the protection of human dignity and security also means that state institutions and officers may not restrict human rights and liberties unfoundedly. In each case, a human being must be considered as a free person, whose dignity should be respected. State institutions and officers have the duty to respect human dignity as especial value. Violation of a person’s rights and liberties may violate a person’s dignity as well.

scholarly journals COMBATING CHILD TRAFFICKING: IS THE CONVENTION ON THE RIGHTS OF THE CHILD (CRC) AND EXISTING LAWS IN MALAYSIA ADEQUATE?

2021 ◽  
Vol 29 (1) ◽  
pp. 55-75
Author(s):  
Nor Shuhada Kamaruddin ◽  
Najibah Mohd Zin
Keyword(s):  
Human Trafficking ◽  
Sexual Exploitation ◽  
Future Generation ◽  
Fundamental Rights ◽  
International Standards ◽  
Access To Justice ◽  
Child Victims ◽  
Child Trafficking ◽  
Rights Of The Child ◽  
Modern Slavery

This article is a study on human trafficking, which is the second most lucrative and profitable transnational organized crime in the world after drug trafficking. This crime is also known as a form of modern slavery, where humans are used as commodities to generate profit, and victims are prevented from accessing their fundamental rights. The victims of this crime are women, men, and children; however, the repercussions are far more serious when involving children. Human trafficking devastates the prospects of the future generation, where children are often forced into sexual exploitation, forced labour, illegal adoption and child marriage. In addition, such crime not only impacts the social, politic, economic and national security of a country but is also a grave violation of the child victims’ human rights. The main objective of the present article is to address the adequacy of Malaysian law in dealing with child trafficking and to see whether it is in line with international standards. The study suggests that many gaps exist in the current legislation dealing with human trafficking. These gaps need to be addressed especially those dealing with child trafficking. A qualitative approach was utilized in this study, where it involved library research to analyze the protection given by the Convention on the Rights of the Child and the extent of its implementation into domestic legislation, in order to combat child trafficking in Malaysia. This study found that Malaysia’s existing laws are inadequate to protect child victims of trafficking in Malaysia and need to meet the current standards and protection for victims, which include the identification of identity, appointment of a guardian, providing interim care protection, durable solution, and access to justice.

scholarly journals Narrating the History: The Reinterpretation of Symbolic Reparation for the Reconciliation and Redemption of Child Victims of Conflict

2017 ◽  
Vol 3 (4) ◽  
pp. 98
Author(s):  
Diana Carolina Cañaveral Londoño
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Human Rights Violations ◽  
Constitutional Court ◽  
Child Victims ◽  
Human Being ◽  
Level Of Abstraction ◽  
Large Sector ◽  
Comprehensive Manner ◽  
The Individual

:In Colombia there is a large sector of the population that has been the object of violation and ignorance of their human rights. They, like all victims of this type of violation, need to be repaired in a comprehensive manner. The concept of symbolic reparation that includes this integral reparation aims to reclaim the human being, to reconstruct it from the wounds and traces left by the violation of human rights in his memory. In a more sympathetic sense than is usually attributed to it, it seeks to bring the practice and experience of individuals to a level of abstraction that allows them to conceptualize a specific fact and articulate it with other concepts, so that the individual acquires adequate resilience. In this sense, the exercise and the experience of this reconstruction through the narratives, can provide certain conditions that make possible the process of symbolic reparation, which is exactly what it is tried to demonstrate with this investigation. This document is part of the research entitled "The narratives as a mechanism for the symbolic reparation of children victims of human rights violations", which seeks to understand the factors that make it possible to implement narratives as a mechanisms for symbolic reparation of children who are victims of human rights violations, as opposed to the symbolic reparations that have been erroneously ordered by the Inter-American Court of Human Rights and the Colombian Supreme Court and Constitutional Court.

Moral and Constitutional Rights

2017 ◽  
Author(s):  
Dimitrios Kyritsis
Keyword(s):  
Human Rights ◽  
Political Legitimacy ◽  
Fundamental Rights ◽  
Constitutional Rights ◽  
Constitutional Review ◽  
State Institutions ◽  
Rights Protection ◽  
Political Morality ◽  
Legitimate State ◽  
The Right

Some theorists oppose deference not because it is haphazard but because it is incompatible with respect for fundamental rights. They argue that compromising human rights is a price a legitimate state should never have to pay, and constitutional review is there to ensure that this does not happen. Against this line of argument the chapter argues that there is nothing in the logic of constitutional rights that precludes deference. To this effect, it defends a distinction between moral and constitutional rights. Drawing on TM Scanlon’s controversial theory of rights it maintains that constitutional rights are clusters of principles of political morality, not all of which correspond to deontological constraints about what under no conditions we may do to the right holder. Importantly, some of these principles also reflect the importance of sharing fundamental rights protection amongst state institutions. The chapter then connects this understanding of constitutional rights and political legitimacy.

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