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

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.  

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.


2021 ◽  
Vol 29 (1) ◽  
pp. 55-75
Author(s):  
Nor Shuhada Kamaruddin ◽  
Najibah Mohd Zin

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.


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.  


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.


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.


2020 ◽  
Vol 8 (8) ◽  
pp. 1275
Author(s):  
Josep Robert Khuana

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.


Author(s):  
Nadejda K. Marinova

Trafficking and smuggling in persons is a serious crime and a grave violation of human rights. In the world today, there are more slaves than at any other time in human history—these present-day slaves are the victims of human smuggling and human trafficking. Human trafficking refers to the trade of humans, most commonly for the purpose of forced labor, sexual slavery, or commercial sexual exploitation for the trafficker or others. This may encompass providing a spouse in the context of forced marriage, or the extraction of organs or tissues, including for surrogacy and ova removal. Every year, thousands of men, women and children fall into the hands of traffickers, in their own countries and abroad. Almost every country in the world is affected by trafficking, whether as a country of origin, transit or destination for victims. The 1980s saw human trafficking emerge on the political agenda of states as well as of supranational and international organizations. By the early 1990s, human smuggling—which is extremely important in illegal migration—has prompted policy attention. The academic scholarship on human smuggling focuses on the factors for the increase of trafficking, the structure and organization of smuggler networks, and on the question of whether smuggled individuals are victims or perpetrators of a crime.


2018 ◽  
Author(s):  
Wendy Macias-Konstantopoulos

Trafficking in persons, or human trafficking, is the obtaining of persons by force, fraud, coercion, or other improper means, with the intention of exploiting them for financial gain. According to the US Department of State, the more prominent global forms of human trafficking include forced labor, bonded labor (or debt bondage), forced commercial sexual exploitation (or sex trafficking), involuntary domestic servitude, forced child labor, child sex trafficking, child soldiering, and organ trafficking. In the United States, the forced exploitation of persons in the labor industry (i.e., labor trafficking) and in the commercial sex industry (i.e., sex trafficking) account for the majority of human trafficking cases recognized, reported, investigated, and prosecuted. Women and girls account for 55% (11.4 million) of the global trafficked population, whereas men and boys comprise the difference. Three quarters of trafficked persons are adults, whereas children younger than 18 years represent 26% (5.5 million) of victims. Risk factors that have been associated with increased risk of human trafficking include but are not limited to a childhood history of abuse and neglect; financial insecurity; housing instability associated with homelessness, running away, or being thrown out of the home; kinship placements with distant family members, foster care, and other residential placements; intellectual and learning disabilities; identification as lesbian, gay, bisexual, transgender, and questioning (LGBTQ); racial and ethnic minority status; status as an immigrant, migrant worker, and refugee; and involvement in gangs or illicit substance use. Due to the inherently abusive and violent nature of this crime, human trafficking has profound negative implications for the health and well-being of affected persons. This review contains 2 figures, 4 tables and 53 references Key words: commercial sexual exploitation, debt bondage, domestic servitude, forced labor, forced substance use, HIV, modern-day slavery, posttraumatic stress disorder, trafficking in persons 


2010 ◽  
Vol 7 (1) ◽  
pp. 61-75 ◽  
Author(s):  
Minna Viuhko

A joint Finnish—Swedish—Estonian study, completed in 2008, analysed the connections between human trafficking for the purposes of sexual exploitation and organized crime. This article deals with prostitution-related human trafficking and organized procuring in Finland in the 21st century. Finland is studied as a country of destination where foreign women, mainly from the adjacent eastern and southern regions, are brought to sell sexual services. The article concentrates on the perpetrators, their modi operandi and the structure of the criminal organizations. In particular, the control measures that are imposed on the procured women are examined; such measures comprise different sets of rules, violence and the threat of violence, and the so-called debt bondage.


2018 ◽  
Vol 9 (2) ◽  
pp. 201-218
Author(s):  
Miftahul Ulum

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.  


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