scholarly journals PERLINDUNGAN HUKUM BAGI KORBAN TINDAK PIDANA PERDAGANGAN ORANG DI INDONESIA (Legal Protection for Victims of Human Trafficking Crimes in Indonesia)

Res Judicata ◽  
2019 ◽  
Vol 2 (1) ◽  
pp. 170
Author(s):  
Anggie Rizqita Herda Putri ◽  
Ridwan Arifin
Keyword(s):  
Human Trafficking ◽  
Legal Protection

scholarly journals LEGAL PROTECTION FOR INDONESIAN MIGRANT WORKERS

2020 ◽  
Vol 2 (1) ◽  
pp. 25-34
Author(s):  
Brian Dananjaya ◽  
Lidya Marsaulina
Keyword(s):  
New York ◽  
Human Trafficking ◽  
Migrant Workers ◽  
Legal Protection ◽  
Forced Labor ◽  
International Convention ◽  
Descriptive Research ◽  
United Nations General ◽  
Changing Times ◽  
Increasing Demand

The purpose of this study is to determine and analyze the legal protection of Indonesian citizens working abroad from the perspective of domestic law and international law. The research method used is descriptive research methods and qualitative analysis techniques. The results obtained from this study indicates that human trafficking is a growing human rights problem in the international community, with a focus on prostitution involving women and children. Over time, changing times and increasing demand, human trafficking is no longer only in the field of prostitution, but also used in the form of forced labor, slavery, and the sale of organs. To regulate the protection of migrant workers, the United Nations General Assembly passed Case No. 45/158 in New York on December 18, 1990 which became the legal umbrella by issuing it. International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. The problem of migrant workers working abroad is currently a special concern of the Indonesian government as a guarantee that the state's goal is to protect the entire nation carried out. Protection in the form of a legal norm from Indonesia and legal entities abroad is an important factor to support the protection of migrant workers. With the direction of international and national law, Indonesian goverments puts out every effort to carry out legal protection optimally.

scholarly journals HARMONIZATION OF ASEAN LAWS ON PROTECTION OF MIGRANT WORKERS AGAINST HUMAN TRAFFICKING

2018 ◽  
Vol 3 (2) ◽  
pp. 99-108
Author(s):  
Zainal Amin Ayub ◽  
Zuryati Mohammed Yusoof
Keyword(s):  
Human Trafficking ◽  
Migrant Workers ◽  
National Level ◽  
Legal Protection ◽  
Legal Framework ◽  
New Era ◽  
Asean Country ◽  
Asean Countries

The realization of ASEAN Community 2015 opens a hope of a new era for migrant workers amongst its member countries. The hope is on the comprehensive legal protection for migrant workers against injustice as well as trafficking in the ASEAN Communities. This article aims to looks into the legal framework within few ASEAN countries that provides protection for migrant workers against injustice and human trafficking, and the available recourse to justice for them in case they become the victim of human trafficking. Malaysia becomes the case study as lesson learnt. Doctrinal methodology is adopted in this article. It is found that, in regards to protection of migrant workers, despite the establishment of ASEAN Community 2015, the laws on this regard are scattered. A few members of ASEAN Community are reluctant to embed the protection of migrant workers into their national laws. Also, it is found that ASEAN country like Malaysia has the laws at national level to curb human trafficking of migrant workers. However, though the laws seem to be comprehensive, the effectiveness of its implementation and enforcement of the laws are yet to be seen. It is suggested that the laws on protection of migrant workers to be harmonized and standardised between members of ASEAN Community and the cooperation within members of ASEAN should be enhanced at every level.

scholarly journals LEGAL PROTECTION OF CHILDREN AS VICTIMS OF HUMAN TRAFFICKING BASED ON JUSTICE VALUE

2017 ◽  
Vol 4 (2) ◽  
pp. 149
Author(s):  
Anis Mashdurohatun ◽  
Wa Ode Khatija Rasia
Keyword(s):  
Human Trafficking ◽  
International Cooperation ◽  
Legal Protection ◽  
Secondary Data ◽  
Cultural Factors ◽  
State Agencies ◽  
Factors Affecting ◽  
The Public ◽  
Source Data

 The purpose of this study is to examine and analyze f actor Factors affecting the legal protection of children as victims of human trafficking and formulating legal protection based on values of justice.Method The approach used in this study is normative, where the source data comes from secondary data, which consists of primary legal materials, secondary and tertiary. The results found that thefactors that most influence the occurrence of the crime of trafficking of children is a factor of economic and cultural factors. P potential protective laws against child as a victim of human trafficking based on values of justice, in a preventive form a variety of legislation, cooperation and coordination between state agencies, international cooperation and conduct socialization to the public about the dangers of human trafficking crimes. And repressively impose sanctions that are oriented to the victim.

scholarly journals UPAYA PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KORBAN TINDAK PIDANA PERDAGANGAN ORANG

2018 ◽  
Vol 5 (2) ◽  
pp. 181 ◽  
Author(s):  
Nelsa Fadilla
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
Child Protection ◽  
Legal Protection ◽  
Criminal Proceedings ◽  
Child Trafficking ◽  
Protection Commission

The data findings by the Indonesia Child Protection Commission (KPAI) reported that child trafficking tends to increase during the period of 2010 to 2012. In 2010 there were 410 cases, in 2011 there were 480 cases and in 2012 the case increased again up to 673 cases. The increasing cases of child trafficking have become a serious concern in the attempt of human trafficking eradication, especially children. The business not only in the form of law enforcement, preventively, repressively, and responsively but also related to the restoration or protection of children who become the victims of human trafficking (child trafficking) even after the completion of criminal proceedings with a view of restoring the child future.Keywords : legal protection , children , human trafficking.

scholarly journals Fetus Trafficking in Viet Nam – The New Criminal Method of Human Trafficking

2021 ◽  
Vol 10 ◽  
pp. 1594-1603
Author(s):  
Ha Le Thuy ◽  
Hoang Thi Hai Yen ◽  
Nguyen Quang Bao
Keyword(s):  
Human Trafficking ◽  
Criminal Law ◽  
Early Stage ◽  
Legal Protection ◽  
Viet Nam ◽  
New Methods ◽  
Before And After ◽  
The Right ◽  
Legal Mechanism ◽  
Fetal Stage

When it comes to basic rights of the fetus, including the right to life, theoretical studies around the world on human rights of the fetus still have not reached an agreement on approaches and explanation. Criminal law at the international and national levels still leaves the possibility of protecting the unborn child. Viet Nam’s criminal law is no exception to this trend. In addition, Viet Nam is currently facing human trafficking with new methods and tricks. Children are bought and paid for while still in the womb, then born abroad and given to traffickers. Children are only protected by criminal law for human trafficking if they are born, alive, and detected by the authorities. While the act of trafficking in fetuses is often easily detected by the authorities right from the stage of purchasing and paying, it is not feasible to prosecute this act for human trafficking under the criminal law of Viet Nam. This reduces the criminal law’s ability to suppress crime, at the same time, leaves many fetuses unprotected. Should criminal law be left outside the legal mechanism to protect children while in the fetal stage? This article suggests considering fetus trafficking as a form of human trafficking and to criminalize fetus trafficking. Criminal law should recognize fetus trafficking as a sign of crime or an early stage in the criminal process of human trafficking, because children need special care and protection, including appropriate legal protection before and after birth, due to their physical and mental immaturity.

scholarly journals PENGATURAN DAN PERLINDUNGAN HUKUM TENAGA KERJA MIGRAN LINTAS NEGARA DALAM PERSPEKTIF HUKUM INTERNASIONAL

2020 ◽  
Vol 8 (8) ◽  
pp. 1275
Author(s):  
Josep Robert Khuana
Keyword(s):  
New York ◽  
Human Trafficking ◽  
Migrant Workers ◽  
Research Method ◽  
Legal Protection ◽  
Foreign Workers ◽  
International Labor Organization ◽  
Trafficking In Persons ◽  
International Convention ◽  
Women And Children

Tujuan dari penelitian ini untuk mengetahui dan menganalisis perlindungan hukum bagi tenaga kerja WNI yang bekerja di luar negeri perspektif hukum nasional dan hukum internasional. Metode penelitian yang digunakan adalah metode penelitian hukum normatif, dengan menggunakan pendekatan perundang-undangan dan pendekatan kasus, norma-norma hukum/kaidah-kaidah yang berkaitan dengan permasalahan hukum yang dibahas, dilengkapi dengan kasus-kasus yang terjadi saat ini. Adapun hasil yang diperoleh dari penelitian ini adalah perdagangan manusia merupakan isu Hak Asasi Manusia dalam masyarakat intemasional yang berkembang dengan fokus permasalahan prostitusi yang melibatkan perempuan dan anak-anak, seiring dengan berjalannya waktu, perkembangan jaman serta meningkatnya permintaan, perdagangan manusia tidak lagi berpusat dalam bidang prostitusi, tetapi juga digunakan dalam bentuk praktek-praktek kerja paksa, perbudakan serta penjualan/pemindahan organ-organ tubuh. Dalam upaya mengatur perlindungan buruh migran, majelis umum PBB melalui Resolusi No. 45/158 di New York pada 18 Desember 1990 membuat payung hukum dengan mengeluarkan International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Dalam upaya pelaksanaan perlindungan hukum terhadap tenaga kerja migran, PBB melalui International Labour Organization (ILO) mengeluarkan konvensi-konvensi yang berkaitan dengan perlindungan buruh migran. Upaya menanggulangi maraknya kasus perdagangan manusia yang tak lepas kaitannya dalam upaya perlindungan buruh migran Indonesia berkomitmen untuk melaksanakan Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children dan menerbitkan Undang-Undang Nomor 21 Tahun 2007 tentang Pemberantasan Tindak Pidana Perdagangan Orang (UU PTPPO). The purpose of this study is to find out and analyze the legal protection of Indonesian citizens working abroad from the perspective of national and international law. The research method used is a normative legal research method, using legal approaches and case approaches based on laws and regulations, norms of law / rules relating to legal issues discussed, are equipped with cases which is happening now.The results obtained from this research, human trafficking is a Human Rights issue in the evolving international community with the focus of prostitution issues involving women and children, as time goes on, the times of development and increased demand, human trafficking is no longer centered in the field prostitution, but also used in the form of forced labor, slavery and sale /removal of organs. In an effort to protect the protection of foreign workers, the UN General Assembly through Resolution No. 45/158 in New York on 18 December 1990 made a legal umbrella by issuing the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. In an effort to implement legal protection against foreign workforce, the United Nations through the International Labor Organization (ILO) issues conventions related to the protection of foreign workers. The efforts address the widespread human trafficking case in Indonesian migrant workers' protection is committed to implementing Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children and to issue Law Number 21 Year 2007 on the Eradication of Trafficking in Persons.

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

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

scholarly journals Fikih Hak Asasi Manusia Menguak Kejahatan Tindak Pidana Korporasi Trafficking

2018 ◽  
Vol 9 (2) ◽  
pp. 201-218
Author(s):  
Miftahul Ulum
Keyword(s):  
Human Trafficking ◽  
Corporate Crime ◽  
Sexual Exploitation ◽  
Legal Protection ◽  
Government Policies ◽  
Forced Labor ◽  
Third Place ◽  
Women And Children ◽  
Trafficking Victims ◽  
Real Action

This paper discusses the corporate crime of human trafficking. The background used is the assessment that classifies Indonesia in third place for the handling of human trafficking by the international community. The word “Hero Exchange” may often be heard, they are the workers from Indonesia who often become victims of Human Trafficking, victims sometimes traded not only for the purpose of prostitution or other forms of sexual exploitation, but also includes other forms of exploitation, such as forced labor or services, slavery or practices similar to slavery. Various government policies are made concerning the protection of women and children, basically made ​​relatively comprehensive policies, ranging from Basic Act 1945 and the rules below. However many government policies in tackling this problem is not followed by real action in the field and it can be concluded, the legal protection of women and children victims of human trafficking is still felt less effective. This is evident from the very rarity of severe criminal imposed by the judge against traffickers. The absence of compensation in the form of sanctions against traffickers also add to the sense of injustice padakorban trafficking who have suffered both physically, mentally, and economically.  

scholarly journals LEGAL PROTECTION IN RESTITUTION TO THE VICTIMS OF HUMAN TRAFFICKING

2020 ◽  
Vol 28 (1) ◽  
Author(s):  
GIOFANNI DIAN NOVIKA
Keyword(s):  
Human Trafficking ◽  
Social Factors ◽  
Research Method ◽  
Legal Protection ◽  
Conceptual Approach ◽  
Modus Operandi ◽  
The World

The modus operandi offered by traffickers makes victims often deceived by these enticements. This phenomenon is caused by various social factors such as poverty. Reality like this is what makes them easily trapped in the world of slavery. The research method used in this paper is normative juridical research, using the statutory approach and the conceptual approach. Research shows an increase in cases of human trafficking is a serious problem that requires a quick reaction in handling. Legal protection for victims can be specifically protected by restitution or compensation given to the victim or family by the perpetrator.

scholarly journals HARMONIZATION OF ASEAN LAWS ON PROTECTION OF MIGRANT WORKERS AGAINST HUMAN TRAFFICKING

2018 ◽  
Vol 3 (2) ◽  
pp. 99-108
Author(s):  
Zainal Amin Ayub ◽  
Zuryati Mohammed Yusoof
Keyword(s):  
Human Trafficking ◽  
Migrant Workers ◽  
National Level ◽  
Legal Protection ◽  
Legal Framework ◽  
New Era ◽  
Asean Country ◽  
Asean Countries

The realization of ASEAN Community 2015 opens a hope of a new era for migrant workers amongst its member countries. The hope is on the comprehensive legal protection for migrant workers against injustice as well as trafficking in the ASEAN Communities. This article aims to looks into the legal framework within few ASEAN countries that provides protection for migrant workers against injustice and human trafficking, and the available recourse to justice for them in case they become the victim of human trafficking. Malaysia becomes the case study as lesson learnt. Doctrinal methodology is adopted in this article. It is found that, in regards to protection of migrant workers, despite the establishment of ASEAN Community 2015, the laws on this regard are scattered. A few members of ASEAN Community are reluctant to embed the protection of migrant workers into their national laws. Also, it is found that ASEAN country like Malaysia has the laws at national level to curb human trafficking of migrant workers. However, though the laws seem to be comprehensive, the effectiveness of its implementation and enforcement of the laws are yet to be seen. It is suggested that the laws on protection of migrant workers to be harmonized and standardised between members of ASEAN Community and the cooperation within members of ASEAN should be enhanced at every level.

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