scholarly journals Tinjauan Yuridis Terhadap Tindak Pidana Perdagangan Orang Oleh Penyedia Jasa Pekerja Seks Komersial (Studi Putusan Nomor 741/Pid.Sus/2016/PN. Mdn)

2020 ◽  
Vol 2 (2) ◽  
pp. 181-188
Author(s):  
Andreas Teguhta Kaban ◽  
Aulia Rosa Nasution ◽  
Ridho Mubarak
Keyword(s):  
Human Trafficking ◽  
Government Regulation ◽  
Service Providers ◽  
Vulnerable Groups ◽  
Legal Analysis ◽  
Trafficking In Persons ◽  
Sex Worker ◽  
Legal Provisions ◽  
Women Trafficking ◽  
Sexual Services

The crime of trafficking in persons (human trafficking) is a very complex crime so it is difficult to eradicate. However, attention to trafficking in persons is more focused on women as vulnerable groups in this discussion (women trafficking). The purpose of this study is to see more clearly that there is still a link between the crime of commercial sex worker service providers with the crime of trafficking in persons. The method of approach that the authors take in this research is descriptive qualitative. The underlying factors are economic, family, religious, lack of awareness, the desire to get rich quickly. The legal provisions in Law Number 21 of 2007 concerning the Criminal Act of Trafficking in Persons have been supplemented with implementing regulations, namely Government Regulation Number 9 of 2008 concerning Procedures and Mechanisms for Integrated Services for Witnesses and / or Victims of Trafficking in People in Article 1 paragraph 1 and Presidential Regulation No. 69/2008 concerning the Prevention and Handling of Criminal Acts of Trafficking in Persons Article 4. Legal Analysis that the Defendant is proven guilty of committing a crime "intentionally as a livelihood or habit of committing or facilitating obscene acts with others" and the Defendant has become a pimp by providing women who are trafficked for sexual services so that the Defendant benefits from these actions.

scholarly journals Needs assessment for developing a multidisciplinary model for trafficking prevention and rehabilitation of survivors

2017 ◽  
Vol 2 (1) ◽  
Author(s):  
Nairruti Jani
Keyword(s):  
United States ◽  
Needs Assessment ◽  
Human Trafficking ◽  
Service Provision ◽  
Service Providers ◽  
Trafficking In Persons ◽  
Complex Issue ◽  
Number Of Components ◽  
Comprehensive Guidance ◽  
Multidisciplinary Model

Trafficking in persons is a complex issue demanding a coordinated and multidimensional response in order to achieve effective and faster results. Due to the complexity of this phenomenon, it is often challenging for organizations serving this population to identify the constantly emerging needs in a routine fashion. The aim of this study is to provide comprehensive guidance to service providers on existing needs in this field and assessing the gaps in response to trafficking in persons in United States. The results of this study reveal a number of components that have to be crucially addressed for creating a need based effective multi-disciplinary and multi-agency system of service provision for victims of human trafficking.

scholarly journals Human Trafficking in Woman and Children Perspective; Protocol to Prevent, Suppress and Punish in Persons

2021 ◽  
Vol 4 (1) ◽  
pp. 77
Author(s):  
I Wayan Putu Sucana Aryana
Keyword(s):  
Human Trafficking ◽  
Decision Makers ◽  
Trafficking In Persons ◽  
Potential Victim ◽  
International Policies ◽  
The Family ◽  
Legal Concepts ◽  
Sexual Services ◽  
Forms Of Violence ◽  
Rule Out

Trafficking in persons is a cross-border crime which injures human dignity. The mode of trafficking in persons is to take advantage of the economic conditions of potential victims by luring them a better job. This research will discuss the profile of victims of trafficking in persons, gender analysis in human trafficking, and international policies in victim protection that are gender equality oriented. This research is a normative juridical study examining the analysis of international legal instruments, laws and court decisions. The research was conducted using the statute approach, legal concepts and the concept of gender. The victims of trafficking in persons are dominated by women, although it does not rule out the possibility that men can also be the victims. Women are considered as commodities that can provide benefits because they can be bought and sold to do work without requiring high education, and even provide sexual services. The perpetrators of the criminal network carry out the recruitment of potential victims by involving the householder of the potential victim, in this case the husband or father of the potential victim. This condition cannot be separated from the deep rooted patriarchal culture in the society, in which the men play a role as the decision makers in the family. Power relations play an important role in analyzing this crime of trafficking in persons. Efforts to combat trafficking in persons are carried out within the framework of a gender-equitable policy. However, the existing legal instruments have not addressed the fundamental problems of trafficking in women. Reconstruction of the legal culture of society is very important in protecting women from various forms of violence.

scholarly journals The Contradiction of Between Judge’s Decision and Legal Provisions Regarding The Position of Heirs in Proof of Land Rights

2019 ◽  
pp. 133-148
Author(s):  
Sulistiani Adont ◽  
La Syarifuddin ◽  
Rahmawati Al Hidayah
Keyword(s):  
Government Regulation ◽  
Land Rights ◽  
District Court ◽  
Legal Analysis ◽  
Legal Certainty ◽  
Land Registration ◽  
Legal Provisions ◽  
Valid Evidence ◽  
The Government ◽  
The Right

As the economic development of Indonesian society increases, so will the need for legal certainty in the field of land for the right holder of a plot of land. the fundamental issue in verifying the right to the land is any person claiming to have a right, or appointing an event to affirm his right or to deny any right of another person, shall prove the existence of that right or prove the event, the heirs' a case study of the Samarinda District Court Judgment Number 138 / Pdt.G / 2014 / PN.Smr.This research uses normative research method. The primary legal material of this research is the legislation that is compiled into a conceptual form based on existing legislation. Which then conducted legal analysis of the problems in this study.The result of the research is the position of the heirs in verification of the right to land must have at least two evidences, that can prove that the heirs are valid first through the certificate of inheritance. To strengthen the verification of the heirs to the land rights, the heirs must prove by means of evidence as set forth in Article 24 paragraph (1) of Government Regulation Number 24 of 1997 concerning Registration. The second result of the research is the letter of appointment by the Government/Local Government is a valid evidence based on existing legislation, and it becomes the base of the right which is the basis of the land ownership, the analysis of the judge's decision namely the judge decision of Samarinda District Court No. 138 / Pdt.G / 2014 / PN.Smr is incorrect and does not provide legal certainty, it is caused by no reference what is contained in Article 24 paragraph (1) and Article 32 paragraph (2) Government Regulation Number 24 of 1997 on Land Registration.

scholarly journals Legal Analysis Of Human Trafficking Case As A Transnational Organized Crime That Is Threatening State Security

2020 ◽  
Vol 4 (1) ◽  
pp. 143-150
Author(s):  
Yuda Prasetya
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Organized Crime ◽  
Legal Analysis ◽  
Trafficking In Persons ◽  
Transnational Organized Crime ◽  
State Security ◽  
Female Workers ◽  
The Government ◽  
Palermo Protocol

 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.  

MIGRANTS AS POTENTIAL VICTIMS OF CRIME: VICTIMOLOGICAL ASPECT

2021 ◽  
pp. 52-59
Author(s):  
Yury A. Kuzmin
Keyword(s):  
Human Trafficking ◽  
Organized Crime ◽  
Criminal Policy ◽  
Legal Framework ◽  
Trafficking In Persons ◽  
Transnational Organized Crime ◽  
Legal Provisions ◽  
Multiple Risks ◽  
Legal Situation ◽  
Women And Children

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.

scholarly journals DO NEW CRIMES NEED NEW LAWS? Legal provisions available for prosecuting human trafficking

2016 ◽  
Author(s):  
Bronwyn Pithey
Keyword(s):  
South Africa ◽  
United Nations ◽  
Human Trafficking ◽  
Law Reform ◽  
Trafficking In Persons ◽  
Legal Provisions ◽  
The United Nations ◽  
The Way

South Africa seems well on the way to creating specialised human trafficking legislation. The country is a signatory to the United Nations Protocol on Trafficking in Persons, and the SA Law Reform Commission is investigating the issue of trafficking. But there are many legal provisions currently available for prosecuting those engaging in this practice. Perhaps a greater challenge for the prosecution is how to identify acts that constitute ‘trafficking in persons’.

scholarly journals Needs assessment for developing a multidisciplinary model for trafficking prevention and rehabilitation of survivors

2017 ◽  
Vol 2 (1) ◽  
Author(s):  
Nairruti Jani
Keyword(s):  
United States ◽  
Needs Assessment ◽  
Human Trafficking ◽  
Service Provision ◽  
Service Providers ◽  
Trafficking In Persons ◽  
Complex Issue ◽  
Number Of Components ◽  
Comprehensive Guidance ◽  
Multidisciplinary Model

Trafficking in persons is a complex issue demanding a coordinated and multidimensional response in order to achieve effective and faster results. Due to the complexity of this phenomenon, it is often challenging for organizations serving this population to identify the constantly emerging needs in a routine fashion. The aim of this study is to provide comprehensive guidance to service providers on existing needs in this field and assessing the gaps in response to trafficking in persons in United States. The results of this study reveal a number of components that have to be crucially addressed for creating a need based effective multi-disciplinary and multi-agency system of service provision for victims of human trafficking.

scholarly journals Sex in the Shadow of the Law: Regulating Sex Work and Human Trafficking in Singapore

2015 ◽  
Vol 10 (1) ◽  
pp. 1-21 ◽  
Author(s):  
Ben CHAPMAN-SCHMIDT
Keyword(s):  
Human Trafficking ◽  
Sex Work ◽  
Migrant Workers ◽  
Red Light ◽  
Regulatory System ◽  
Trafficking In Persons ◽  
Sex Worker ◽  
Recent Increase ◽  
The Impact

AbstractThis paper uses Singapore as a case study in how the international anti-trafficking movement has influenced the regulation of sex work. In doing this, it explores the various historical, geographical, and socio-legal factors which have shaped Singapore’s system of regulation. It then presents the contemporary composition of the regulation of sex work in Singapore: a system of informal rules and protections hidden in the shadow of formal legal institutions. Finally, it analyses the impact of the international anti-trafficking movement, with specific emphasis on the American Trafficking in Persons Report, on Singapore’s regulation of sex work. It suggests that the recent increase of police raids on red light districts is aimed primarily at image control, and that these raids are undermining a functioning regulatory system. It concludes by suggesting that to improve upon its existing regulatory system, Singapore should focus on eliminating sex worker stigma and improving the rights of migrant workers.

The Mens Rea of Human Trafficking: The Case of Migrant Domestic Workers

2018 ◽  
Vol 29 (3) ◽  
pp. 262-283
Author(s):  
Daphne Demetriou
Keyword(s):  
Supply Chain ◽  
United Nations ◽  
Human Trafficking ◽  
Domestic Workers ◽  
Mens Rea ◽  
Specific Reference ◽  
Trafficking In Persons ◽  
Legal Provisions ◽  
Mental Element ◽  
Migrant Domestic Workers

Efforts to eradicate human trafficking continue, with the 2017 Trafficking in Persons Report calling on governments to improve the detection and prosecution of all involved in this crime, with specific reference to recruitment agencies. Yet despite calls to examine the wider scope of potential trafficking perpetrators, an important element remains problematic; namely, establishing that all involved in the recruitment and movement of individuals possess the requisite mental element for this crime. This article examines this mental element and applies it to the different actors commonly involved in the migration and alleged trafficking of migrant domestic workers. The article concludes that establishing such experiences as human trafficking and attributing the mental element of the offense to all people in the supply chain becomes less attainable. The flexibility permitted under the United Nations Trafficking Protocol, as to the national threshold for the crime’s mens rea, has resulted in disparities as to what and who the crime of human trafficking encompasses. The specific intent element of the Protocol is at odds with the constructive knowledge element incorporated in some states, a reality that runs counter to the intentions of the Protocol’s drafters for a unified definition and jeopardizes the prosecution of trafficking cases. In rectifying this, it is pivotal for states to ensure that alternative legal provisions are available to capture those who often pave the way to migrant domestic workers’ exploitation.

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