Developing Human Rights-Based Legal Protection Model on Victims of Child Trafficking in Indonesia

Abstract

Human traficking is a crime resulted from social disorganization and social crimes, such as industrialization, social change and modernization. Social change causes women and children to choose to leave their homes and find livelihoods far from their regions and even abroad, with minimal skills and education. This phenomenon creates human, especially child trafficking. The approach method used is a normative juridical approach or a legal approach. The legal protection for children has ben arranged in Indonesian laws and regulations, however the implementation is not optimal. The appropriate victim protection models to develop are: a). placing child in the family and social care institutions, or environments that provide security and monitor child's activities. b). granting restitution or compensation for the benefit of the child. c). recovery of child's physical and psychological conditions by psychiatric assistance and government officials supervision, thus needing a practical and sustainable monitoring system. d). formulating regional regulation.

Protection for Trafficking Victims: The Perspectives of Law and Psychological Health

“…Quoting from an article, it is said that generally, a family has these functions: 1) Replacement of the population, the function to continue its offspring; 2) Care of the young, the function of caring for children; 3) Socialization of new members, the function to socialize cultural values, norms, and language to family members; 4) Regulation of social behavior, the function of regulating sexual behavior; 5) Source of affection, the function to give affection. Child trafficking is a phenomenon indicating that the family does not function well 5 . A similar thing was stated by Kramer as cited in Lehmiller 11 ,where sexual workers suffer some diseases which regard the physical and the psychological condition.…”

“…There are tens of thousands of women under the age of 18 in Indonesia who wander day and night as sex commodities. On top of that, millions of Indonesian children are also forced to work improperly, such as becoming beggars, peddling newspapers on the streets or scavenging 5 .…”

Juridical Analysis of the Amendment of Law of the Corruption Eradication Commission in Eradicating Corruption from Legal and Economic Perspective

“…The strategy for eradicating corruption must be well planned so that its implementation through the law enforcement system can achieve efficient and effective goals. (Eviningrum, Hartiwiningsih, and Jamin 2020) Corruption occurs in all countries worldwide; the only difference is how prevalent it is in one country, compared to other countries. Adolfo Beria views corruption as a world phenomenon, its existence follows human history itself.…”

“…Adolfo Beria views corruption as a world phenomenon, its existence follows human history itself. Adolfo Beria further stated "There is no primordial indigenous culture without its phenomena of corruption; there is no system (from that USA to that of Japan) (Eviningrum, Hartiwiningsih, and Jamin 2019) which is free from vast areas of corruption; there is no centre of government (from the prairies of America to the communist collectivizations) which has not been vitiated or distorted by corruption; there is no religion (Jatmiko, Hartiwiningsih, and Handayani 2019) (Eastern, Judaic, Christian or Islamic) which has not had to confront evils connected to corruption; there is no Empire (be it Persian, Roman, British or Soviet) which has no experienced and has not been damaged by corruption". (Triwanto and Aryani 2020) Corrupt behavior can occur everywhere, among relatives, in democratic and communist government systems, religious institutions, and law enforcement institutions.…”

“…This condition is of concern to member countries of the United Nations which was followed up by Resolution Number 58/4 dated October 31, 2003 and has also been ratified by Law of the Republic of Indonesia Number 7 of 2006 concerning the ratification of the United Nations Against Corruption, 2003. (Eviningrum, Hartiwiningsih, and Jamin 2020) The problem of corruption in Indonesia from the old order era to the reformation era has developed under the development of society and information technology, (Saputra and Najih 2020) which is followed by changes and adjustments to the law on corruption eradication in Indonesia under the development of the mode of incidents of corruption. The problem of corruption in Indonesia is already a complex problem and occurs widely in all life sides .…”