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HUMAN TRAFFICKING AS a HUMANITY CRIME in INDONESIA FARHANA Faculty of Law Jakarta Islamic University Jakarta Indonesia [email protected]

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HUMAN TRAFFICKING AS a HUMANITY CRIME in INDONESIA FARHANA Faculty of Law Jakarta Islamic University Jakarta Indonesia Frh961@Gmail.Com NOVATEUR PUBLICATIONS JournalNX- A Multidisciplinary Peer Reviewed Journal ISSN No: 2581 - 4230 VOLUME 6, ISSUE 6, June -2020 HUMAN TRAFFICKING AS A HUMANITY CRIME IN INDONESIA FARHANA Faculty of Law Jakarta Islamic University Jakarta Indonesia [email protected] MIMIN MINTARSIH Faculty of Law Jakarta Islamic University Jakarta Indonesia [email protected] BAMBANG SUKAMTO Faculty of Law Jakarta Islamic University Jakarta Indonesia [email protected] SITI MISKIAH Faculty of Law Jakarta Islamic University Jakarta Indonesia [email protected] ABSTRACT: Human rights are the basic rights revoke human rights. Many countries regulate possessed by human beings from birth that human rights in its constitution and its are inherent in humans. Human rights legislative products. Human rights as a cannot be revoked and should not be common standard of achievement that violated. In the modern world today, ultimately becomes the safeguard of the future slaverystill exists. The word slavery is now civilized peoples of the countries. experiencing a shift of meaning in a more Human rights are developed, formerly complex and varied directions. Traffickers human rights seen only on civil and political have deprived others of the right to rights, then it is developed not only civil rights freedom to be exploited for personal gain. and political rights but also economic, social Human Trafficking, especially women and and cultural rights, otherwise recognized not children, is a form of violation of the dignity only individual rights but also recognized and human rights, because in it there are group rights, such as group rights, minority elements of threat, torture, imprisonment, rights and indigenous rights. Therefore, it is sexual violence and make them as necessary to understand when group rights commodities that can be traded. Under apply in the society of the state or society Indonesian law, human trafficking includes among nations. as human rights violations that include In the history of the development of the crimes against humanity or are called human rights struggle movement, it was extraordinary crimes. obtained sequentially that the first movement KEYWORDS: Human Trafficking, Human emerged in the English state in 1215 gave birth Rights, Humanity Crimes to Magna Charta, then perfected with the birth of Petition of Human Rights in 1627 and Bill of INTRODUCTION: Rights in 19788. In America in 1776 born Human rights are universal and Declaration of human Rights and in France in inherent in every human being since birth as 1789 with Declaration des Droits de I'home et human beings, so that no one can reduce or citoyen known for the motto of Liberte, Egalite, 408 | P a g e NOVATEUR PUBLICATIONS JournalNX- A Multidisciplinary Peer Reviewed Journal ISSN No: 2581 - 4230 VOLUME 6, ISSUE 6, June -2020 Fraternite. Demands on Human Rights are security, the right to a healthy life." The social increasingly frequent until World War II. Often aspect constitutes the whole aspect of human the emergence of arbitrary acts occurred in the rights which according to law is essentially a days of feudalism in which the people must legal interest so as to be protectedó.(Barda perform the duties imposed by the authorities Nawawi Arif, 2010, p. 64-67). Therefore in the without obtaining their rights. The law that concept of Human Rights that man cannot regulates the rights at that time did not yet become the object of trade (the object of law). exist, so there is a strong control over the weak Man is only worthy as a legal subject having in the life of the community. Humankind has rights and obligations. Thus Human Trafficking been born natural rights have been in the is a gross human rights violation which development of human nature progress arise includes human crimes constituting movements that struggle for basic rights and transnational and organized crime so it is freedoms that based on the inner called extra ordinary crimes and has a wide consciousness of human beings where those impact both nationally and internationally. rights need to get protection and guaranteed in Based on UNODC Report on Human writing in the constitution of every country. Trafficking modern expose form Slaverystated Human trafficking has become a global that "the most common form of human phenomenon, including in Asian countries and trafficking first is sexual exploitation (79%). even around the world. Human trafficking with Victims of sexual exploitation are mostly various purposes of exploitation is a women and young girls. The second most transnational and organized crime, which has common form of human trafficking is forced serious consequences for victims as well as for labor (18%), although this may be a mistake society and the state. Human trafficking is a because forced labor is less frequently detected transnational crime that may occur in some and reported than trafficking for sexual States because trafficking occurs between the exploitation. Worldwide, nearly 20% of all sending State, the transit State and the trafficking victims are children. However, in receiving State or the State of destination. parts of Africa and the Mekong region, children Human trafficking is as well as organized crime are the majority (up to 100% in Western with systemized culprit. Organized crime is Africa).(Trafficking in Person Report, 2017) linked to international syndicates. Many Asian The United Nations Protocol against countries are identified as the source, transit Human Trafficking as a prominent point, and destination country for trafficking international treaty in this field which came victims, such as for that purpose forced labor into force in 2003. The report shows that in and commercial sexual exploitation. recent years the number of Member States Human trafficking violates human rights seriously implementing the Protocol has more which are human slavery in the modern era, than doubled from 54 to 125 of 155 Countries. since humans are equated with merchandise However, there are still many countries that do traded so that the right to life and the right to not have the necessary legal instruments or life are seized. Deprivation of liberty including political will.(Trafficking in Person Report, all forms of slavery is incompatible and 2017) contradictory to the human aspect, in addition Therefore, how does human trafficking to human trafficking against the social aspect of violate human rights? Human trafficking is as the right to liberty, freedom right for transnational crime and organized crime. nationality, the right to get protection or social Trade as a transnational crime illustrates that 409 | P a g e NOVATEUR PUBLICATIONS JournalNX- A Multidisciplinary Peer Reviewed Journal ISSN No: 2581 - 4230 VOLUME 6, ISSUE 6, June -2020 trafficking does not only happen countries of the world. Sex trafficking has internationally but that crime must have the devastating consequences for children, nature of crossing the border as a part of evil. including old physical and psychological trauma, illness (including HIV/AIDS), drug CATEGORY OF HUMAN TRAFFICKING: addiction, unwanted pregnancies, One of the problems facing the world is malnutrition, social exclusion and even human trafficking that includes crimes against death. humanity. It violates human rights, damaging 3. Forced Labor, families, destroying global markets, Forced labor is also called the trade of labor undermining the rule of law, and spurring which includes various activities of other transnational criminal activities, this also recruiting, transporting, giving, or obtaining threatens public security and national security, with one's involvementusing by force or but at worst, human trafficking robs human physical threat, psychological coercion, freedom and dignity. Therefore, human abuse of legal proceedings, fraud, or other trafficking must be eradicated. The forms of coercive means to force a person to work. human trafficking occurring in a country with Although the employee agrees, this does not other countries have different characteristics, apply then the worker is a victim of although in general the forms of human trafficking. trafficking include sexual exploitation, 4. Debt Bondage, economic exploitation and social exploitation One form of coercion used in human Based on Human Trafficking Report June 2017 trafficking in the form of sex trafficking and forms of human trafficking included forced labor through debt bondage. Some (Tarafficking in Person Report, 2017): workers inherit debt; for example, in South 1. Sexual Trade Asia it is estimated that there are millions of Prostitution occurs because of the threats, trafficking victims working to pay off the fraud, coercion or combination of these debt of their ancestors. Others become means then the human trafficking. The victims of human trafficking or recruiters perpetrator is involved in recruitment, who violate the law exploit the assumed storing, transporting, providing, obtaining a debt consciously or unconsciously, as a job request or retaining a person for the term. Employment agencies, recruiters and purposes of the adult sex trade. Sex employers in both countries of origin and trafficking can also occur through coercive destination can contribute to debt bondage forms in which individuals are forced to by charging the cost of hiring workers by continue prostitution to pay off debts, taking high interest, making it difficult or recruitment or they are sold so that they even impossible to pay off debts. repay the debt first if they wish to be free. 5. Domestic Worker, 2. Children Sexual Trade Domestic workers who work at home A person under 18 years old is classified as include human trafficking because workers a child recruited, transported, acquired, are not free to leave their jobs, they are protected, solicited, or kept for committing isolated, abused and salaries are paid less commercial sexual acts, through threats, than promised and even not paid, no fraud or coercion, as human trafficking. The holidays. Domestic workers, especially use of children in commercial sex is women, face various forms of sexual prohibited under US law and by law in most harassment and gender-based violence.
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