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 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 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 Legal Protection of Indonesian Migrant Workers (TKI) Overseas (Case Study of BP3TKI North Sumatera Province)

FIAT JUSTISIA ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 19
Author(s):  
Vinna Dinda Kemala ◽  
Eny Kusdarini
Keyword(s):  
Migrant Workers ◽  
Legal Protection ◽  
Not Given ◽  
Protection Agency ◽  
High Unemployment Rate ◽  
Library Studies ◽  
Qualitative Descriptive ◽  
Main Factors ◽  
Descriptive Method

Efforts to deliver overseas labour are considered effective to reduce the high unemployment rate in Indonesia. However, the higher the labour interest that wants to become migrant workers, the more cases experienced by Indonesian Migrant Workers (Tenaga Kerja Indonesia or TKI) abroad such as violence, rape, and wages that are not given during work. The low level of education of migrant workers is considered to be one of the main factors of the violence experienced by TKI. Protection against TKI working abroad has been governed by law No. 18 of 2017 on the protection of Indonesian migrant workers. The Indonesian Manpower Placement and Protection Agency (BP3TKI) is one of three institutions responsible for protecting the TKI working overseas. The purpose of this research is to further the broader explanation of the legal protection of Indonesian migrant workers abroad, conducted by BP3TKI in North Sumatera province. The method used in this study is a qualitative descriptive method consisting of interviews, documentation, and library studies. The results of this study indicate BP3TKI has carried out its duties based on Law No. 18 of 2017 concerning the Protection of Indonesian Migrant Workers. In carrying out its duties, there are several factors and obstacles faced by BP3TKI to provide maximum legal protection to Indonesian migrant workers.

scholarly journals International Business Encounters Organized Crime: The Case of Trafficking in Human Beings

2018 ◽  
Vol 19 (5) ◽  
pp. 1125-1147
Author(s):  
Maria O'Neill
Keyword(s):  
Human Trafficking ◽  
Legal Framework ◽  
Transnational Crime ◽  
Human Beings ◽  
Corporate Behavior ◽  
Governance Strategies ◽  
The Uk ◽  
Domestic Law ◽  
The Eu

AbstractWith increasing globalization, transnational crime in general, and human trafficking in particular, a design of new legal framework is required in order to effectively operationalize interstate law enforcement operations and prosecutions. The development of a transnational criminal legal framework—or frameworks—can build on pre-existing transnational economic frameworks. There is also the need to extend the application of domestic law beyond national borders to influence transnational corporate behavior. Regulations based on reflexive law are one possible approach. Teubner's idea of reflexive law has been informing developments in this area. This approach uses traditional national law to inform corporate governance strategies in order to achieve effects on the market. A few jurisdictions have already adopted measures modeled on this approach to tackle human trafficking and slavery-like conditions in global supply chains. Weaknesses in the approaches adopted by the UK and the State of California have already been identified. If strengthened, this approach could be adopted in more jurisdictions—including the EU—and also to combat more areas of transnational crime—such as money laundering. This paper will examine the resulting challenges using human trafficking as a case study.

The So-Called Pan-European Depositors' Protection Scheme

2016 ◽  
Vol 23 (2) ◽  
pp. 241-260
Author(s):  
Pierre de Gioia-Carabellese ◽  
Corrado Chessa
Keyword(s):  
National Level ◽  
Safety Net ◽  
Legal Framework ◽  
Test Case ◽  
Protection Scheme ◽  
Bank Deposits ◽  
Legal Provisions ◽  
Legal Constraints ◽  
June July

This article focuses on the legal provisions of Directive 2014/49 on deposit guarantee schemes (the DGS Directive) and focuses on how the national schemes financially support each another by offering a critical analysis to demonstrate that the new legal framework is far from satisfactory. This is because the new ‘safety net’, still hinged on depositors' protections schemes that operate at the national level, is fettered by the quantitative limits and legal constraints of mutual borrowing. This ultimately still leaves the EU/EEA depositors with an element of uncertainty. This contribution also seeks to illustrate that the recent mass withdrawal from bank deposits in Greece (in June/July 2015) was an unsuccessful test case for the new legislation, which was ironically already in force at the time the crisis unfolded. This case study of Greece is coupled with the important Landslaki dictum which is given equal attention in this article. Together they give significant credibility to the view that the DGS Directive, seemingly not fully aware of the lessons to be learnt from the 2011 Eurozone crisis, is obsolete and should be amended as soon as possible.

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.

Enhancing Innovation in Higher Education Institutions

2020 ◽  
pp. 118-140
Author(s):  
Ana-Maria Bercu ◽  
Elena Cigu ◽  
Stefan Andrei Nestian
Keyword(s):  
Higher Education ◽  
Higher Education Institutions ◽  
Interactive Effect ◽  
National Level ◽  
Legal Framework ◽  
Theoretical Level ◽  
Current State ◽  
Positive Evolution ◽  
Innovation In Higher Education

This chapter is focused on the case study of Romania enhancing innovation in higher education institutions being structured theoretically and empirically. First, at the theoretical level, we intend to highlight the role and importance of innovations for higher education, taking into account literature. Second, we intend to explore the current state of innovativeness in higher education in Romania, taking into account the strategy and legal framework developed at a national level based on international guidelines. The main finding is the interactive effect of innovation will determine a positive evolution of Romanian higher education.

scholarly journals The Long March in the New Era: Conquering Implementation Gaps between Chinese Municipal Law and the International Human Rights Law on Non-Discrimination

2019 ◽  
Vol 3 (2) ◽  
pp. 317
Author(s):  
Qinxuan Peng
Keyword(s):  
Human Rights ◽  
Migrant Workers ◽  
Urban Areas ◽  
Legal Protection ◽  
International Standards ◽  
Chinese Society ◽  
International Human Rights ◽  
New Era ◽  
International Human ◽  
Implementation Gaps

China has entered a New Era with an aspiration to safeguard human rights through law. However, implementation gaps are found when comparing the current Chinese domestic laws on non-discrimination with the requirements set by international human rights treaties and international labour standards on eliminating discrimination in the labour market. This article illustrates how rural migrant workers are an underprivileged group in Chinese society, emphasising the inferior treatment they experience due to their agricultural hukou residential status in urban areas. The study identifies several implementation gaps between the international standards and the Chinese domestic legal system on non-discrimination, serving as the very first step to eradicate de facto and de jure discrimination and to achieve Legal Protection of Human Rights in the New Era.    

scholarly journals Economic Cyber-Espionage in the Visegrád Four Countries: a Hungarian Perspective

2021 ◽  
Vol 17 (4) ◽  
pp. 697-721
Author(s):  
Federica Cristani
Keyword(s):  
Union Member ◽  
National Level ◽  
Legal Framework ◽  
Regulatory Framework ◽  
Special Focus ◽  
The European Union ◽  
The Czech Republic ◽  
Cyber Espionage ◽  
Relevant Regulation

Abstract This article explores the regulatory framework of reference of economic cyber-espionage in Europe, with a particular focus on the V4 region (comprising Slovakia, Hungary, Poland and the Czech Republic) and taking Hungary as a case study. Europe Union member states, including the V4 countries, are particularly exposed to economic cyber-espionage, because of the advanced know-how of the companies based therein. Under international law, there exists no uniform approach to the matter; also at the European Union level, the legal framework appears rather fragmented and the same holds true at the national level and within the V4 group, where each country has adopted its own relevant regulation. After a general overview of the relevant international and EU regulatory framework of reference, this article overviews the modus operandi of the V4 and examines its approach to economic cyber-espionage, with a special focus on Hungary as case study. As already remarked at the European and international levels, cybersecurity policies and regulations, including those regarding economic cyber-espionage operations, should be drafted in coordination among states; the V4 group can become a privileged platform of discussion to advance in the regulatory harmonisation of the issues at stake.

Sign in / Sign up

Export Citation Format

Share Document