Reconceptualization of legal protection on women and children of the human trafficking victims

Author: 
Otong Bahrudin, Abd. Rachmat Budiono, Rachmat Safa’at and Hibnu Nugroho

The problem of human trafficking in indonesia inseparable from the history of the indonesia country in the past that is in the era of empires and colonization that growing important role of slavery as well as the tribute in the form of human being in particular women and children to the king in power or the colonist. The victim of human trafficking increase over the day, this condition is certainly contrary to the value of justice. Law No. 21 of 2007 concerning Prevention of Crime in Human Trafficking (UUPTPPO) only regulates victims in general but does not specify clearly the victims of women and children. This study is normative legal research using the Conceptual Approach and the Law Approach. The results of the study show that the responsibility of the state for victims of trafficking is not in accordance with the objectives of the Republic of Indonesia based on Pancasila and the 1945 Constitution of the Republic of Indonesia. So that the responsibility of victims of trafficking from the perspective of human rights needs to be emphasized answer, namely institutions, laws and regulations related to human trafficking. Four dimensions of state responsibility for victims of trafficking, namely; (1) Prevention of Human Trafficking, (2) handling of victims, (3). Recovery of victims, (4). reintegration of victims. The concept of state responsibility for victims of Human Trafficking is the concept of passive service responsiveness because it is general in nature, while Human Trafficking is a special transnational crime that is thick with the dimension of crimes against humanity. The conclusion of this study is that there is a need to reconcile the protection of the national law against women and it is often a problem with the victim logical approach, besides that the government needs to optimize the state of the population, which is in fact the Protection and Corruption of Law No. 31 of 2014 in the absence of a loss, restitution and a group of people who were arrested.

Paper No: 
2433