they get approval from people who control the vic-
tim. Forms of exploitation include forced labor or
forced service, slavery, and practices similar to slav-
ery, forced labor or forced service are working con-
ditions that arise through means, plans, or patterns
intended for someone to be sure that if he does not
do certain work, then he or his dependents will suffer
both physically and psychologically
1
.
In September 2017, “the number of poor people
(population with per capita expenditure per month be-
low the Poverty Line) in Indonesia reached 26.58 mil-
lion people (10.12 percent), decreasing by 1.19 mil-
lion compared to March 2017 that reached 27.77 mil-
lion people (10.64 percent)”
2
. This is one of the fac-
tors that causes more people to be attracted by the
false promises from trafficking syndicates. Because
of the increasing economic demands, victims have no
choice in finding legal jobs. They only assume that
working abroad will make a higher amount salary
without thinking of the risks afterwards. Victims of
trafficking are usually more difficult to get maximum
legal protection. The government will have difficulty
tracing because the process is illegal and the identity
is falsified by trafficking syndicates.
When viewed from a variety of factors, in gen-
eral, the victim is a very disadvantaged part. Victims
of trafficking in persons are also often overlooked
in criminal justice processes.The formulation of the
problem in this paper is: what are the rules governing
legal protection for victims of trafficking in terms of
human rights and how is the realization of legal pro-
tection against victims of human trafficking.
2 DISCUSSION
2.1 Rules of Legal Protection for
Victims of Trafficking in Persons
Based on the draft plan of the third International
Criminal Code in 1954, Slavery is included in the
13 crimes that have been established and can be sen-
tenced under international law as crimes against the
peace and security of all humanity (Hendriana et al.,
2017). The International Organization for Migration
states that since 2005 it has identified and helped vic-
tims of human trafficking in Indonesia as many as
3,339 people, which almost 90% are women and more
than 25% of victims are children (Hidayat, 2013).
1
General Provisions in the Explanation of Law No. 21
of 2007 concerning Trafficking in Persons
2
(https://www.bps.go.id/pressrelease/2018/01/02)
Slavery is the condition of someone under the
ownership of another person. Humanitarian crime in
the form of slavery is the act of placing a person in
the power of another person which causes the victim
to have no choice over the work that was illegally or-
dered by others to him, so that forced to do work that
is not even in accordance with his wishes. Crimes
in trafficking of women and children have increased
and developed in the form of criminal networks, both
organized and unorganized. the crime of trafficking
in persons is not just an individual relationship but
also develops to other legal subjects namely compa-
nies and state administrators who abuse their author-
ity and power.
This rule regulates the scope of witness and victim
protection, especially regarding trafficking in persons
as the most important aspect of the law enforcement
process, the aim being to provide basic protection for
victims and witnesses. In addition, Law No. 21 of
2007 also gives great attention to the suffering victims
as a result of criminal acts of trafficking in the form
of restitution rights that must be given by perpetrators
as compensation for victims, and regulating victims’
rights to rehabilitation medical and social, repatria-
tion and reintegration must be carried out by the state,
especially for those who experience physical, psycho-
logical, and social suffering due to the crime of traf-
ficking in persons
3
.
In the provisions of Article 1 of Law No. 21 of
2007 referred to: “1. Human Trafficking is the act
of recruiting, transporting, storing, sending, transfer-
ring, or receiving someone with the threat of violence,
the use of violence, kidnapping, confinement, forgery,
fraud , abuse of power or vulnerable position, debt
bondage or giving payments or benefits, to obtain ap-
proval from the person who controls the other person,
whether done within the country or between coun-
tries, for the purpose of exploitation or causing people
to be exploited.
“Article 2 (1) Any person who recruits, trans-
ports, accommodates, dispatches, transfers, or re-
ceives someone under threat of violence, use of vi-
olence, abduction, confinement, forgery, fraud, abuse
of power or vulnerable position, debt entrapment or
providing fees or benefits although obtaining approval
from a person holding control over another person, for
the purpose of exploiting that person in the territory of
the Republic of Indonesia, is punished with imprison-
ment for a minimum of 3 (three) years and a maxi-
mum of 15 (fifteen) years and a fine of at least Rp120.
000,000.00 (one hundred twenty million rupiahs) and
a maximum of Rp.600,000,000.00 (six hundred mil-
3
General provisions in the Explanation of Law No. 21
of 2007 concerning the Crime of Trafficking in Persons
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