scholarly journals Penanggulangan Orang Asing Yang Menjadi Korban Perdagangan Orang dan Penyeludupan Manusia di Bidang Keimigrasian

2021 ◽  
Vol 21 (3) ◽  
pp. 1011
Author(s):  
Zeleta Feba Haprifanyuna ◽  
Mohammad Iqbal ◽  
Raditya Pandya Kusuma
Keyword(s):  
Human Trafficking ◽  
Foreign Affairs ◽  
Trafficking In Persons ◽  
Immigration Detention ◽  
Detention Center ◽  
Laws And Regulations ◽  
Administrative Actions ◽  
State Representatives

Indonesia is a country that attracts the attention of foreigners to visit Indonesia. The number of foreign enthusiasts to visit the territory of Indonesia makes immigration a gateway for a country that is very picky in allowing foreigners to enter Indonesia. procedures that are deemed too difficult, individuals appear who can make it easier for foreigners to enter Indonesian territory. because of this, many people take advantage of it to gain profits by committing crimes in the form of human trafficking and people smuggling. This study describes the handling of foreigners who are victims of human trafficking and people smuggling in accordance with existing laws and regulations. In addition, the implementation of statutory regulations in terms of handling foreigners who become victims of trafficking in persons and people smuggling has been carried out by the Immigration Office in the form of placing foreigners in the Immigration Detention Center or other designated places without being subject to Immigration Administrative Actions and also different handling with detainees for other cases, as well as managing files and data from victims of trafficking in persons and people smuggling so that they can be immediately repatriated to their countries of origin. In repatriating victims to their countries of origin, immigration cooperates with the ministry of foreign affairs to coordinate with state representatives in Indonesia.

scholarly journals Traffic Policy towards the Current of Refugees and Subscribers Movement in Reforming State Sovereignty

2020 ◽  
Vol 3 (2) ◽  
pp. 167-172
Author(s):  
Lisda Syamsumardian ◽  
Abdul Rachmad Budiono ◽  
Moh. Fadli ◽  
Dhiana Puspitawati
Keyword(s):  
Asylum Seekers ◽  
The State ◽  
Point Of View ◽  
State Sovereignty ◽  
Trafficking In Persons ◽  
Immigration Detention ◽  
Detention Center ◽  
Sociological Approach ◽  
Monitoring Mechanism ◽  
Refugees And Asylum Seekers

Countries like Indonesia that have immigration routes will look at every foreigner’s problem from an immigration point of view. Foreigners who enter Indonesia without travel documents are considered illegal. When referring to concrete cases, generally refugees or asylum seekers may not have complete travel documents. Because it is impossible for them to be forced to leave their country, by first obtaining a visa, passport, or other correspondence. In most cases that occur, refugees or asylum seekers do not have complete travel documents. So, in order to maintain sovereignty in the authority of immigration supervision, it is very important to research related Immigration traffic. The problem raised in this paper is how the monitoring mechanism of immigration traffic, in order to reinforce the concept of sovereignty. In writing this journal the author uses a statutory approach, a case approach, and a sociological approach. The method used in this paper is a normative juridical method so that answers will be found in the form of a descriptive perspective. The conclusion in this paper is that the policy on the flow of refugee movements into Indonesia is not in accordance with the concept of sovereignty, where the regulation of the flow of refugee movements is very vulnerable to the aspects of crime (trafficking in persons, narcotics, prostitution, etc.), in fact the sovereignty of the state become a protector for refugees who come to Indonesia, from international and national crime systems, and that is often misunderstood. So, the suggestion from this research is that immigration should be given space in the framework of supervision for Refugees and Asylum Seekers, which have been under the authority of the Immigration Detention Center (RUDENIM).

scholarly journals Peran Penting Keimigrasian dalam Masalah Penyeludupan Manusia dan Perdagangan Orang

2021 ◽  
Vol 21 (3) ◽  
pp. 938
Author(s):  
Arsyad Imam Baihaqi ◽  
Endra Inggita Sabriyartendra ◽  
Salsabila Putri Salam
Keyword(s):  
Human Trafficking ◽  
Research Method ◽  
Criminal Liability ◽  
Human Smuggling ◽  
Legal Basis ◽  
Trafficking In Persons ◽  
Major Topic ◽  
Descriptive Research ◽  
Laws And Regulations

The crime of human trafficking is still a major topic in world discussion as well as the most striking point of attention because of the seriousness of the problem. Trafficking in persons is a major problem of modern globalization because the existence of this crime has already become an epidemic in many countries. This research aim to find out how the process of People Smuggling and Trafficking in Indonesia occurs, the legal basis and enforcement of the crime of people smuggling and trafficking. As well as the Accountability Process for the perpetrators of the Crime of Smuggling and Human Trafficking. By using descriptive research method is the method used in this study, this method has the aim of describing things that are currently in effect, including efforts to describe something or describe, record, analyze and explain current (actual) conditions. And the results will be obtained, namely the crime of human trafficking, the perpetrators use various ways to smooth the crime. Furthermore, the Rules regarding Human Smuggling and Trafficking in Persons in Indonesia are contained in several laws and regulations, namely Law Number 6 of 2011, concerning Immigration. Then in criminal liability, people who commit criminal acts of people smuggling and human trafficking are based on the provisions of Law no. 6 of 2011 concerning Immigration.

PERSEFEKTIF IN HUMAN TRAFFICKING CRIME LAW NUMBER 39 OF 1999 ON HUMAN RIGHTS CASE AGAINST CHILD TRAFFICKING IN MEDAN

2020 ◽  
Vol 2 (1) ◽  
pp. 46-51
Author(s):  
Ida Monika Putu Ayu Dewi
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Criminal Law ◽  
Sexual Exploitation ◽  
Trafficking In Persons ◽  
The People ◽  
Public Company ◽  
Legal Sanctions ◽  
Women And Children ◽  
Human Rights Violation

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.  

scholarly journals Using Global Migration Law to Prevent Human Trafficking

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 147-152
Author(s):  
Janie A. Chuang
Keyword(s):  
Human Trafficking ◽  
Migrant Workers ◽  
Sex Trafficking ◽  
Organised Crime ◽  
Trafficking In Persons ◽  
Labor Trafficking ◽  
Global Migration ◽  
Women And Children ◽  
International Laws ◽  
Migration Law

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.

Labour Exploitation in Human Trafficking Law

2021 ◽  
Author(s):  
Amy Weatherburn
Keyword(s):  
Human Trafficking ◽  
Criminal Law ◽  
Organized Crime ◽  
Trafficking In Persons ◽  
Transnational Organized Crime ◽  
Labour Exploitation ◽  
Women And Children ◽  
United Nations Convention ◽  
Definition Of ◽  
Agreed Definition

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.

scholarly journals Government Institution Collaboration In Efforts To Handling Criminal Acts Of Human Trafficking In Indonesia Case Study: Literature Study For The Area Of East Nusa Tenggara Province

2019 ◽  
Vol 1 (2) ◽  
pp. 127-138
Author(s):  
Tunggal Bayu Laksono ◽  
Maidah Purwanti
Keyword(s):  
Human Trafficking ◽  
Organized Crime ◽  
Research Method ◽  
Provincial Government ◽  
Trafficking In Persons ◽  
Literature Study ◽  
State Institutions ◽  
Descriptive Research ◽  
Government Institution

Trafficking in persons is a criminal act of organized crime that occurs internationally. Indonesia, as one of the countries with the fourth largest population, has experienced this crime. One of the provinces that is the center of this biggest crime is East Nusa Tenggara. In this case, the Indonesian government through existing state institutions coordinates to eliminate the crime of trafficking in persons. Immigration as one of the agencies that deals with immigration traffic problems plays a major role in efforts to deal with the Crime of Trafficking in Persons. Coordination between one party and another is carried out by the provincial government of East Nusa Tenggara. However, improving coordination is a key point of success in handling the Crime of Trafficking in Persons. This research was conducted by conducting a literature case study which aims to find out more about the crime in question. This writing is done with a descriptive research method by describing the research results in a case study literature from various literatures used by the author.

scholarly journals Was Trafficking in Persons Really Criminalised?

10.14197/100 ◽  
1969 ◽  
Author(s):  
Kristiina Kangaspunta
Keyword(s):  
Criminal Justice ◽  
United Nations ◽  
Human Trafficking ◽  
Criminal Group ◽  
Trafficking In Persons ◽  
Criminal Charges ◽  
Women And Children ◽  
The United Nations ◽  
Criminal Justice Response

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.

scholarly journals RESPONSIBILITY FOR TRAFFICKING IN PERSONS UNDER RUSSIAN CRIMINAL LAW: ISSUES OF LEGISLATIVE TECHNOLOGY AND LAW

2020 ◽  
Vol 24 (4) ◽  
pp. 1078-1099
Author(s):  
Nina Yu. Skripchenko
Keyword(s):  
Human Trafficking ◽  
Criminal Law ◽  
Criminal Code ◽  
Social Consequences ◽  
Trafficking In Persons ◽  
Illegal Migration ◽  
Scientific Analysis ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Definition Of

Today, no state in the world can say with confidence that it does not face the problem of human trafficking as it does not depend on the geopolitical position of the country, nor on the socio-economic situation. The negative social consequences of the transformations in Russia at the end of the last century determined not only its transit destination during the illegal migration of labor, but also the role of the sender and recipient of human commodity (mainly women and children) intended for exploitation (i.e. including sexual), surrogacy, removal of organs and tissues. Trying to adhere to the international definition of human trafficking as much as possible and drawing on the existing experience of regulation, the Russian legislator enshrined the norm in the Criminal Code (Article 1271) containing editorial flaws that impeded its implementation. The purpose of the study is to formulate proposals to address the deficiencies identified during the study of the legislative definition of trafficking in persons, which cause difficulties in enforcement. The methodological basis is constituted by general scientific (analysis and synthesis, dialectics) and private scientific research methods (system-structural, formal-legal, logical, linguistic). The paper notes the terminological difficulties associated with the inclusion of Convention norms in the system of Russian law. Noting the need to establish enhanced guarantees of child safety, the author does not see the need for independent criminalization of trafficking in minors. By identifying technical and legal shortcomings in the definition of human trafficking and human exploitation, the author suggests ways to solve them by reforming the criminal law and judicial interpretation at the level of the Plenary Session of the Supreme Court of the Russian Federation.

scholarly journals The Social Identity Change of Little Bee as the Main Character in Chris Cleave‟s The Other Hand

2019 ◽  
Vol 25 (1) ◽  
Author(s):  
Riska Hendika Rani
Keyword(s):  
United Kingdom ◽  
Social Identity ◽  
Identity Formation ◽  
The Other ◽  
Immigration Detention ◽  
Detention Center ◽  
The United Kingdom ◽  
Other Hand ◽  
Three Stages ◽  
British People

Chris Cleave‟s novel entitled The Other Hand pictures an African refugee‟s life in the United Kingdom and her struggle to survive in the country. As an illegal refugee from Africa who smuggles herself into a tea ship, Little Bee, the refugee, has to stay in the immigration detention center when she arrives in the United Kingdom. She deals with identity issues during her two-year-stay in the immigration detention center. The questions such as „why don‟t British people treat her in a good way‟ and „why do British people get respect and she does not‟ make her want to be treated like a British, which she assumes, being treated nicely in the United Kingdom. Under the paradigm of social identity theory which contains the three stages of identity formation proposed by Henri Tajfel and John Turner, this study attempts to explain Little Bee‟s process of identity formation. Focusing on Little Bee‟s struggle in the United Kingdom as an illegal refugee from Africa, this study analyzes the three stages of identity formation that Little Bee has been through during her social identity transformation, as well as the factors influencing her and her struggle during the process.

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