Human Trafficking and Cyber Laws in Malaysia

2020 ◽  
pp. 518-532
Author(s):  
Olivia Swee Leng Tan ◽  
Rossanne Gale Vergara ◽  
Raphael C. W. Phan ◽  
Shereen Khan ◽  
Nasreen Khan
Keyword(s):  
Human Trafficking ◽  
Migrant Workers ◽  
State Department ◽  
Deep Web ◽  
The Internet ◽  
Tier 2 ◽  
Trafficking In Persons ◽  
Global Problem ◽  
International Laws ◽  
Watch List

The era of digitalization is becoming more of a vehicle for exploitation and criminal activities. That said, transnational criminals are increasingly utilizing the darknet or deep web as a medium for human trafficking. Human trafficking is a global problem and the solution requires a comprehensive response to tackle this borderless crime. In the 2018 U.S. State Department Trafficking in Persons (TIP) Report, Malaysia was downgraded to Tier 2 Watch List. This article reviews the literature on human trafficking, the existing legislations, and their effectiveness in Malaysia to combat human trafficking in the internet and deep web. The article analyzes the existing policies, Malaysia laws and international laws, and instruments that are available to prevent and protect women, children, and migrant workers from being trafficked. This article will also suggest the necessary measures to prevent human trafficking in Malaysia.

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.

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 Human Trafficking in Japan Through the Use of Schoolgirls

2018 ◽  
Vol 5 (1) ◽  
Author(s):  
Khyrsten Acadimia
Keyword(s):  
World War Ii ◽  
Human Trafficking ◽  
The United States ◽  
United States Department ◽  
Tier 2 ◽  
World War ◽  
Trafficking In Persons ◽  
States Department ◽  
Department Of State ◽  
Tier 1

Joshi Kosei (JK Business), is the integration of schoolgirls in the human trafficking industry in Japan. It is a form of compensated dating called “Enjo Kosai.” Japan is currently ranked as a tier 2 country within the Trafficking in Persons 2017 report that is conducted by the United States Department of State. This is due to the lack of enforcement behind the current policies to prosecute traffickers and protect victims. This paper traces the human trafficking industry from World War II to present times, as well as the Joshi Kosei phenomena from the 1990s to the present. After that there is a look at current efforts and current policies in place. With a stronger awareness, rewording of current policies, and stronger enforcement efforts, Japan has the potential to become a tier 1 country.

scholarly journals Border Communities Understanding on The Human Trafficking in Indonesia-Malaysia Border Region: Case Study in Sambas District, West Kalimantan

2017 ◽  
Vol 2 (3) ◽  
pp. 154-161
Author(s):  
Muhammad Iqbal ◽  
Yuherina Gusman
Keyword(s):  
Human Trafficking ◽  
Migrant Workers ◽  
Survey Methodology ◽  
Sampling Technique ◽  
Border Region ◽  
Data Sampling ◽  
Trafficking In Persons ◽  
West Kalimantan ◽  
Qualitative Approaches ◽  
The Family

Objective - The aim of this study is to determine the understanding of people in the periphery of Indonesia-Malaysia border on safe migration and human trafficking. Methodology/Technique - This study used survey methodology with quantitative and qualitative approaches. The quantitative approach was used to determine the general data about the knowledge of the society – regarding the content and objectives of the campaign– as campaign target groups. Qualitative approach is also used to measure the Knowledge, Attitude, and Practice (KAP) of the informant. The population of this study are the head of the family or the breadwinner of the family who have productive age as family member(s). Data sampling technique were collected by using purposive sampling. This study was conducted in Sambas district, West Kalimantan Province. Findings – The results showed that among 150 respondents, only 68 people, or approximately 45.3% of them know the terminology of trafficking. The respondents were able acknowledged trafficking when it was replaced with the phrase "perdagangan orang" (trafficking in Bahasa, literally means the selling of people). There were 71 people or about 47% of respondents aware of what can be categorized as trafficking in persons, namely: fraud, use of violence, forgery, threatened with violence, abuse of power, confinement and kidnapping. Novelty - Based on the findings that migrant workers from the border areas, especially at region of Sambas a are vulnerable to human trafficking, due to their very limited knowledge about the crime of Trafficking in Persons and this will suggest for further educational development initiative by authorities in those areas. Type of Paper - Empirical Keywords: Community; Human Trafficking; Indonesia-Malaysia Border; Safe Migration. JEL Classification: I21, I25, K37.

Pandemic worsens human trafficking in South-east Asia

2021 ◽  
Keyword(s):  
Migrant Workers ◽  
South East Asia ◽  
Border Crossings ◽  
Tier 2 ◽  
Content Type ◽  
Cross Border ◽  
Travel Restrictions ◽  
Forced Labour ◽  
Tier 3 ◽  
Watch List

Significance Malaysia was downgraded to ‘Tier 3’ -- the lowest category -- over alleged forced labour involving migrant workers in some of its plantations and factories. Thailand was demoted to the ‘Tier 2 Watch List’ due to concerns about exploitation in its fishing and agriculture industries. Impacts Thailand, Malaysia and Singapore will remain key destinations for trafficked workers despite ongoing travel restrictions. Post-coup instability in Myanmar will likely promote an increase in illegal outbound border crossings. Cross-border movement of unvaccinated forced migrants could fuel fresh coronavirus outbreaks throughout the region.

scholarly journals PREVENTION HUMAN TRAFFICKING THROUGH COMMUNITY WATCH

2020 ◽  
Vol 7 (1) ◽  
pp. 85
Author(s):  
Juliana Susantje Ndolu ◽  
Helsina F.I Pello
Keyword(s):  
Human Trafficking ◽  
Community Involvement ◽  
Migrant Workers ◽  
Public Understanding ◽  
Economic Empowerment ◽  
Trafficking In Persons ◽  
Field Workers ◽  
Village Government ◽  
The Village

This study aims to first determine the factors driving community involvement in Community Watch Human Trafficking and knowing the role of Community Watch Human Trafficking in the aspect of preventing human trafficking. The results of the study are as follows. First, the factors driving community involvement in CW-PO are: legal awareness of the dangers of trafficking in persons and their impacts; the experiences of family members and neighbors who have been victims of the Human Trafficking criminal act; accustomed to volunteering; There are joint concerns because there is an Indonesian Manpower Services Company and field workers who are tasked with recruiting prospective migrant workers from the village. Secondly, the role of Community Watch Human Trafficking in the prevention aspect of yatru: To collect data on migrating citizens; increasing public understanding of Human Trafficking criminal act; economic empowerment; advocating for village government to allocate village funds to open businesses; accompany former migrant workers who have returned to the village but have problems; carry out monitoring in the village.

scholarly journals Human Trafficking and Migrant Workers: Analysis of Indonesian Migrant Workers Protection in Overseas

2020 ◽  
Vol 6 (2) ◽  
pp. 173-180
Author(s):  
Angga Putra Mahardika ◽  
Sonny Saptoajie Wicaksono
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
Migrant Workers ◽  
Legal Protection ◽  
Empirical Method ◽  
Trafficking In Persons ◽  
Central Java ◽  
Local Police ◽  
The Right ◽  
Important Form

The problems in this research are concerning to the regulations on the legal protection of illegal Indonesian migrant workers abroad who are victims of trafficking in persons already comprehensive, and the forms, mechanisms and procedures for legal protection of illegal Indonesian migrant workers abroad who are victims of trafficking in persons in BP3TKI Central Java already comprehensive?This thesis research uses a qualitative approach with a juridical-empirical method. The results of research and discussion show that based on Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers Overseas (PMI Law), the protection provided to victims of human criminal acts includes legal, social and economic protection. Whereas Law Number 21 of 2007 concerning Eradication of the Criminal Act of Trafficking in Persons (Huma Trafficking Act) grants the right to victims of human trafficking, among others, restitution, rehabilitation and repatriation. The most important form of legal protection for Indonesian migrant workers who are victims of trafficking in persons by Central Java BP3TKI is the repatriation of victims. In addition, the BP3TKI also conducts law enforcement against the perpetrators who are suspected of committing criminal acts of people. In conducting protection efforts, the Central Java BP3TKI collaborates with various parties such as the local police, BNP2TKI, and representatives of the Indonesian state in the placement country.      

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.

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.  

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