Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

Legal Protection for Women and Children as Victims of Human Trafficking in Indonesia

Author(s): Ni Putu Rai Yuliartini, Hartana, Dewa Gede Sudika Mangku, I Gusti Ayu Apsari Hadi, Ketut Sedana Arta

The background of this research is the existence of problems related to legal protection policies for women and children who are victims of human trafficking in Indonesia. Based on data from the Ministry of Foreign Affairs, it is known that there were 35 victims of human trafficking in 2010, while in 2011 and 2012 there were 33 people and 92 people, respectively. One of the policies made by the government regarding the above problems is Law Number 21 of 2007, namely concerning the Eradication of the Crime of Human Trafficking. However, this law is found has not been able to reduce human trafficking in Indonesia. In addition, this law is considered to be ineffective in fulfilling the rights of victims in which the provision of protection to victims of human trafficking by the criminal law has not yet produced a clear pattern. This study aims to analyze the legal protection for women and children as victims of human trafficking in Indonesia. This research is a normative legal research (juridical normative) which uses a statute approach and a conceptual approach related to legal protection for women and children victims of human trafficking in Indonesia. The results of research are further associated to the values contained in Human Rights. Based on the description above, the problems found are as follows: The number of cases of human trafficking in Indonesia continues to increase; Legal protection efforts for women and children victims of human trafficking viewed from a human rights perspective in Indonesia have not been effective; The form of protection for victims of human trafficking by criminal law has not yet shown a clear pattern.

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