Human Trafficking in Woman and Children Perspective; Protocol to Prevent, Suppress and Punish in Persons

Abstract

Trafficking in persons is a cross-border crime which injures human dignity. The mode of trafficking in persons is to take advantage of the economic conditions of potential victims by luring them a better job. This research will discuss the profile of victims of trafficking in persons, gender analysis in human trafficking, and international policies in victim protection that are gender equality oriented. This research is a normative juridical study examining the analysis of international legal instruments, laws and court decisions. The research was conducted using the statute approach, legal concepts and the concept of gender. The victims of trafficking in persons are dominated by women, although it does not rule out the possibility that men can also be the victims. Women are considered as commodities that can provide benefits because they can be bought and sold to do work without requiring high education, and even provide sexual services. The perpetrators of the criminal network carry out the recruitment of potential victims by involving the householder of the potential victim, in this case the husband or father of the potential victim. This condition cannot be separated from the deep rooted patriarchal culture in the society, in which the men play a role as the decision makers in the family. Power relations play an important role in analyzing this crime of trafficking in persons. Efforts to combat trafficking in persons are carried out within the framework of a gender-equitable policy. However, the existing legal instruments have not addressed the fundamental problems of trafficking in women. Reconstruction of the legal culture of society is very important in protecting women from various forms of violence.

Legal Protection of Indonesian Migrant Workers

“…In the protection of migrant workers after work carried out by BP2MI, namely after working, it is valid for six months after returning to Indonesia or their hometown, and they are still protected because BPJS is valid for six months after the contract, such as sick, their children are financed until they finish high school. (Aryana, 2021) According to BP2MI data, protecting PMIs before work, while working, and after work is well protected with a note that PMIs leave in the country of placement legally.…”

Legislative policy to criminalizing human trafficking in anti-trafficking law in Saudi Arabia

“…The phenomenon of trafficking in persons is considered a scourge that various countries of the world suffer from (Aronowitz, 2010;Aryana, 2021;Maloku & Maloku, 2020). The trafficking of persons occurs through a group of forms, including "recruiting, transferring, harboring, or receiving persons using the threat or by use of the force, or other forms of coercion, kidnapping, fraud, deception, abuse of power, exploitation of a state of vulnerability or giving or receiving sums of money or benefits to gain the consent of a person, who has control over another person for the exploitation.…”