HUMAN TRAFFICKING AS A CRIME AGAINST HUMAN FREEDOM

The Tragedy and Horror of Human Trafficking of Children and Youth

Purpose This paper aims to explore the relationship between human trafficking brokers and trafficking victims by using examples from both the international labour and human organ trafficking industries. It proposes an evolution in the brokerage process from geographic to online networks and how this alters the nature of the relationships between parties. The study aims to expand the understanding of contemporary trafficking brokerage networks in developing areas. Design/methodology/approach The paper opted for an ethnographic study which involved living among trafficking victims in 21 developing countries during the period of 2008-2015; 17 cases are presented as exemplars of the trafficking industry environment, told from the perspective of both trafficking victims and the brokers who have profited from them. The data were complemented by commentary, which developed common themes across both labour and human organ trafficking. Findings The paper provides insights about how change in the brokerage process is brought about by the shift from geographic to online networks. It suggests that trafficking operations have learned how to use online social media and the dark Web. Moreover, it illustrates the impact of these networks on the power imbalance in human trafficking and the experience of its victims. Research limitations/implications The study is limited to labour and human organ trafficking in developing nations, but the concepts may have wider implications in other forms of human trafficking. Practical implications The paper includes implications for the development of a framework to understand the impact of online trafficking networks. Originality/value This paper fulfils an identified need to study how human trafficking networks are evolving in the digital age.

Abstract: Human trafficking is an illegal practice that involves the exploitation of individuals for commercial purposes. Many minors are victims of human trafficking, including in Sidoarjo. Law enforcement officials, including the police, play an important role in dealing with victims of human trafficking. This study aims to discuss the role of the Sidoarjo City Resort Police (POLRESTA) in dealing with victims of human trafficking from the perspective of Islamic law. This research is a field research conducted at the Sidoarjo Police. Data was collected from observations, interviews, and documentation. The collected data is analyzed descriptively with a deductive mindset. The results of the study show that the Sidoarjo Police have an important role in handling victims of human trafficking. The efforts made by the Sidoarjo Police for victims of human trafficking are to accompany victims and provide safe houses. In addition, to handle the crime of human trafficking in Sidoarjo, the Sidoarjo police are making prevention efforts and repressive efforts. Prevention efforts include socialization, while repressive efforts are monitored, field operations, and the application of punishments. In Islamic law, the role played by the Sidoarjo police is closely related to the benefit. The protection of victims of human trafficking is closely related to the benefits of protecting the soul in maqasid al-shari'ah. Meanwhile, preventive efforts are related to maintaining the intellect (hifz al-aql), and repressive efforts are related to preserving the soul (hifs al-nafs). Keywords: human trafficking, children, victims, maslahah, maqasid al-syari'ah. Abstrak: Human trafficking adalah praktek ilegal yang melibatkan eksploitasi individu untuk tujuan komersial. Banyak anak di bawah umur yang menjadi korban human trafficking termasuk di Sidoarjo. Aparat penegak hukum, diantaranya polisi, berperan penting dalam menangani korban human trafficking. Penelitian ini bertujuan membahas tentang peran Kepolisian Resor Kota (POLRESTA) Sidoarjo dalam menangani korban human trafficking perspektif hukum Islam. Penelitian ini adalah penelitian lapangan yang dilakukan di Polresta Sidoarjo. Data dikumpulkan dari hasil observasi, wawancara dan dokumentasi. Data yang terkumpul dianalisis secara deskriptif dengan pola pikir deduktif. Hasil penelitian menunjukkan bahwa Polresta Sidoarjo memiliki peran yang penting dalam menangani korban human trafficking. Upaya yang dilakukan Polresta Sidoarjo bagi korban human trafficking adalah dengan mendampingi korban dan memberikan rumah aman. Selain itu, untuk menangani tindak pidana human trafficking di Sidoarjo, polresta Sidoarjo melakukan upaya pencegahan dan upaya represif. Upaya pencegahan meliputi sosialisasi sedangkan upaya represif dengan melakukan pemantauan, operasi lapangan, dan penerapan hukuman. Dalam hukum Islam peran yang dilakukan polresta Sidoarjo berkaitan erat dengan kemaslahatan. Perlindungan terhadap korban human trafficking berkaitan erat dengan kemaslahatan menjaga jiwa dalam maqasid al-syari’ah. Sedangkan upaya prefentif berkaitan dengan menjaga akal (hifz al-aql) dan upaya represif berkaitan dengan menjaga jiwa (hifs al-nafs). Kata kunci: human trafficking, anak, korban, maslahah, maqasid al-syari’ah.

People Smuggling and Trafficking in Persons is a transnational crime that involves many countries trying to work together to eradicate, fight and prevent these crimes. Indonesian Immigration as a government agency that has the function of supervising the movement of traffic in and out of the territory of a country, has a major role in eradicating crimes of people smuggling and trafficking in persons. The strategic geographical condition of Indonesia's territory allows people to be smuggled. There are many factors that influence the occurrence of this incident, one of which is geographical conditions and a high level of poverty and the lack of knowledge of Indonesian citizens related to crimes of trafficking in persons and people smuggling are factors that trigger the occurrence of crimes of human smuggling and trafficking in persons. The high number of perpetrators and victims of People Smuggling and Trafficking in Persons whose victims are Indonesian citizens is a spur and an urgency for Indonesian Immigration to take preventive and repressive measures in eradicating the crime of People Smuggling and Trafficking in Persons. The role of immigration is needed in dealing with this. Law number 6 of 2011 concerning immigration is the legal basis for carrying out the duties and functions of Immigration. One of the functions of immigration, namely supervision, is a major concern in eradicating crimes of People Smuggling and Trafficking in Persons. Supervision is carried out when Indonesian citizens apply for travel documents and supervision at Immigration Checkpoints either at seaports, airports, cross-border posts, or other places as places of entry and exit from the Indonesian Territory which are places where inspections of peop\\tory are carried out. Indonesia, as well as supervision at the borders of the territory of the Republic of Indonesia. Supervision is carried out to ensure that migrants enter and leave Indonesian territory legally through Immigration Checkpoints in accordance with Immigration Law Number. 6 of 2011 concerning Immigration.

Purpose: the aim of this paper is to analyze mandatory elements of the crime of human trafficking according to the criminal code of Georgia. Methods: mandatory elements of human trafficking shall be analyzed in accordance with the structure of corpus delicti. According to dominating legal theory in Georgia the corpus delicti (first element of the crime) is composed of objective and subjective elements: while the conduct, result and means of the commission of the crime are included in objective elements, the purpose and intent of the crime are part of the subjective elements. Results: it appears that the crime of human trafficking is made of 5 basic elements: Sale and purchase (or other illegal transaction); Recruitment; Coercion (or deception); Limitation of freedom/control of the victim; Exploitation. However, none of these elements are mandatory for the crime of human trafficking. They are optional in nature. Also, it appears that the Georgian law on human trafficking is too wide and requires modification, because on the one hand it may not entirely fit with international legal definition of human trafficking and on the other hand may overlap with other crimes already covered by Georgian criminal code. Discussion: the Georgian criminal code adopted in 1999 did not contain the crime of human trafficking. In 2003, the crime of human trafficking was included in the chapter of crimes directed against human rights and freedoms (Chapter 23). This chapter contains three articles related to the crime of human trafficking: Article 1431 (Human Trafficking) Article 1432 (trafficking of minors) and Article 1431 (benefiting from the services of the victims of human trafficking); For proposer qualification of the crime of human trafficking, it is important to identify its elements and find out whether these elements are mandatory or optional. While the crime of human trafficking has a complex composition, many terms applied by the law cause divergent interpretations in legal theory. However, its important that the terms are interpreted in accordance with the international agreements on human trafficking to which Georgia is a party.

Crime of human trafficking (human trafficking) is a violation of human rights as a form of slavery. To encourage the Indonesian government to protect through legal arrangements with the issuance of Law No. 21 of 2007 on the Eradication of Trafficking in Persons. The focus of the issues raised in this research is how the forms of the crime of trafficking in persons under Law No. 21 of 2007, and how the criminal law policy in combating the crime of human trafficking. The results showed that the forms of the crime of trafficking in persons under Law No. 21 of 2007, namely: First, the recruitment process sexual exploitation (prostitution). Second, trafficking of children as workers, Third, child trafficking through adoption (adoption). Fourth, the policy of criminal law in combating the crime of trafficking in persons (human trafficking) are listed in the Criminal Code, RKUHP 2015, Law No. 39 of 1999 on Human Rights, Law No. 23 of 2002 on Child Protection and Law No. 21 2007 About the Crime of Trafficking in Persons which contains all provisions concerning human trafficking

Crimes no longer occur in their simple traditional form, as the development of human societies contributed to the development of crime and the creation of crimes that were not known before, and among these crimes is the crime of trafficking in human organs through the information system, which is one of the crimes that aided technical progress in the field of communications, information technology and the field of modern medicine to spread it; Organized criminal gangs took advantage of the facilities resulting from the development of information and communication technology to trade in human organs, which contributed to the creation of an electronic black market for human organs mafia gangs. The importance of this study stems from the fact that it is different from traditional crimes and is one of the issues emanating from technological progress and the development of organized crime. The study aims to clarify the provisions of the crime of trafficking in human organs through the information system, according to the comparative approach between the Saudi system and the UAE law. The results of the study showed that the Saudi regulator did not explicitly stipulate human organ trafficking in the cybercrime system, but was implicitly included as a form of criminal behavior for the crime of human trafficking in the Saudi human trafficking crime system, unlike the UAE law, which stipulates organ trafficking alongside human trafficking. According to the Saudi system, this crime is considered electronic if it occurs through the information network or a computer. In light of its results, the study concluded the following recommendations: 1. The Saudi cybercrime system explicitly provides for the criminalization of electronic trafficking in human organs as one of the forms of cybercrime, similar to its counterpart in UAE law. 2. Community awareness of the seriousness of this crime, the speed with which it is being investigated via the Internet, the ease with which offenders attract individuals, and financial reward for those who report or contribute to the commission of this crime.

Human trafficking, also known as human trafficking, is a new form of transnational crime that is increasingly rampant. The crime of trafficking in persons is a modern form of human slavery, the crime of trafficking in persons, has expanded in the form of a network of organized and unorganized crimes. The crime of trafficking in persons even involves not only individuals but also corporations and state administrators who abuse their authority and power, According to Law Number 21 of 2007 concerning the Eradication of Trafficking in Persons Article 1 paragraph (1), human trafficking is the act of recruiting, transporting, sheltering, sending, transferring or receiving a person with the threat of violence, use of violence, kidnapping, detention, forgery, fraud, abuse of power or vulnerable position, debt entanglement or payment or benefit, This type of research is normative legal research, namely research that has the object of study on legal rules or rules. Legal protection for victims of human trafficking is very important, so various efforts are made so that they get the right to become useful human beings before returning to society. As well as efforts to empower economically and educationally so that victims are not trapped again in human trafficking. Adequate legal protection for victims of crime is not only a national issue, but also an international one, because this needs to receive serious attention, including victims of human trafficking. Victims of crime, who are basically the parties who suffer the most in a criminal act, do not receive as much protection as the law gives to criminals. As a result, after the perpetrator of the crime has been sentenced to criminal sanctions by the court, the victim's condition is not cared for.

Trafficking in human beings is a serious crime and abuse of an individual’s fundamental rights and dignity. It involves the exploitation of vulnerable persons who are traded by criminals as commodities for the sole purpose of economic gain. Usually characterised as transnational, this crime affects victims regardless of their gender and age and, due to its nature, is often hard to discover and investigate. The crime of trafficking in human beings shall include, at a minimum, the exploitation of prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or removal of organs. Human trafficking always targets vulnerable individuals. Such vulnerability might be of any kind, whether physical, psychological, emotional, family-related, social or economic. In short, the exploitation can be any state of hardship in which a human being is impelled to accept being exploited. Exploitative situations are hard to discover due to their clandestine nature and because of the difficulty of recognising the abuse, although a victim of trafficking might be aware of being involved in an exploitative situation. In the article, the author presents the prevalence of modern trafficking in human beings, its forms and ways in Lithuania as well as in the world. In addition, the author evaluates the efforts of law enforcement authorities to combat this negative social phenomenon and protect victims of this criminal offense. The author gives more attention to analysis of Lithuanian case law related to trafficking in human beings. It should be noted that the Supreme Court of Lithuania has already formed the standards of Article 147 of Criminal Code dealing with trafficking in human beings and consolidates them in judicial precedents.

Because it commodifies humans and their labor, human trafficking is distinct from other crimes and from other types of trafficking, including drug trafficking, the most frequently-prosecuted trafficking crime. The underlying social networks and organizational structures of these trafficking crimes may also differ, resulting in potentially significant differences among the offenders themselves. Using 21 years of data from the Federal Justice Statistics Program in a quantitative research design, we examined whether significant demographic differences exist between defendants charged with drug or human trafficking, and within human trafficking, between those charged with labor or sex trafficking. Further, because federal statutes differentiate among the severity of sex trafficking crimes, we assessed whether significant differences exist among sex trafficking defendants, depending on the severity of the crime with which the defendant is charged. Results indicate that human trafficking defendants differ in important respects from drug trafficking defendants. When separating human trafficking crimes into labor and lower- and higher-penalty sex trafficking, statistically significant differences among defendants remain. Notably, males and White/White Hispanic defendants in human trafficking cases are most likely to be charged with serious, higher-penalty sex trafficking. Female defendants are more likely to be charged with lower-penalty crimes that do not involve minor victims or the use of force. The networks and opportunity structures necessary to support severe forms of trafficking may therefore be dominated by male offenders. Although recent media attention has focused on female offenders in sex trafficking cases, researchers and policymakers should note that these cases do not reflect historical trends.

This study investigated psychosocial predictors of involvement of women as victims of human trafficking using. This descriptive study had four independent variables- “coping strategies”, “self-esteem” “risk taking attitude” and “social support”. The dependent variable was involvement of women as victims of trafficking in persons. Multi-stage sampling technique was used to select 300 participants from Lagos and Ogun States for this study. Four survey instruments were adopted in this study – The Interpersonal Support Evaluation List (ISEL), Coping Orientation to Problems Experienced (COPE), Rosenberg Self-Esteem Scale (SES), Domain–Specific Risk-Taking Attitude Scale (RAS) and Involvement in Trafficking in Person Scale (ITPS) was developed by this researcher Two hypotheses were tested and findings indicated significant combined and relative contributions of psychosocial factors identified as predictors of involvement of women as victims of trafficking in persons. These findings emphasized the roles of communities in preventing rather than punishing the crime of human trafficking .The young girls that were denied necessary social support either perceived or tangible might have high propensity to take risk, have poor self esteem and adopt emotional coping strategies. This situation coupled with high level of poverty serve as plausible to fall prey or enticed by the bait of traffickers. It was recommended that various government agencies and parastatal should ensure enforcement of compulsory universal basic education, discourage disparity against girl child education and educate family exposing children to danger through cultural practices such as child fostering. Gender and Behaviour Vol. 6 (1) 2008: pp. 1480-1493

The crime of trafficking in persons is considered a new crime in the legal system in Indonesia even though the act of trafficking in persons has been occurring in Indonesia for a long time. This research uses empirical juridical legal research methods, namely legal research regarding the enactment or implementation of normative legal provisions in action at each specific legal event that occurs in society. This research aims to determine criminal sanctions to prevent criminal acts of human trafficking (TTPO), current efforts to prevent and handle criminal acts of human trafficking (TTPO) as well as the implementation of criminal sanctions policies in efforts to prevent criminal acts of human trafficking (TTPO). The results of this research state that Law Number 21 of 2007 concerning the Crime of Human Trafficking is the legal umbrella in this case. In this case, it is known that the formulation of the criminal sanction policy for the crime of trafficking in persons which will be included in the National Criminal Code Bill must be much better than the formulation of the crime of trafficking in persons in positive law. The application of criminal sanctions in efforts to prevent criminal acts of human trafficking (TTPO) is based on the theory of justice stated thar justice can change but the essence of justice always exists in human life and social life.

Point of this study is as follows: (a) What are the legal rules for the protection of children as victims of trafficking in persons, (b) What are the factors causing the crime of trafficking in women and children in North Sumatra, (c) What are the policies carried out by the women's empowerment office? and children in North Sumatra in preventing and overcoming traffickers against children. The type of research in this writing is normative legal research. Normative or doctrinal legal research, namely legal research that uses secondary data source research. The results of the research and discussion in this study are: The Legal Rules for the Protection of Children as Victims of Trafficking in Persons are as follows: (a) Law Number 23 of 2002 concerning Child Protection; (b) Law of the Republic of Indonesia Number 21 of 2007 concerning Eradication of the Crime of Trafficking in Persons; (c) Law No. 35 of 2014 concerning Amendments to Law No. 23 of 2002 concerning Child Protection; (d) North Sumatra Province Regional Regulation Number 3 of 2014 concerning the Implementation of Child Protection. Factors Causing the Crime of Trafficking in Women and Children in North Sumatra: Several factors that cause child trafficking include the following: (a) Poverty; (b) Low Education Level; (c) Victims of Parental Divorce; (d) Early Sexual Experience; (e) Job Seekers. Policies in overcoming criminal acts of protecting people are carried out in three ways, namely: (a) Primary Prevention, (b) Secondary Prevention, (c) Tertiary Prevention.

Trafficking in persons is regulated in Law Number 21 of 2007 concerning eradicating the Crime of Trafficking in Persons. One form of legal protection for victims is the provision of compensation in the form of restitution. Children and women were often victims of the crime of trafficking in persons. The problem how is the application of compensation in the form of restitution to children as victims of criminal acts of trafficking in persons in the jurisdiction of the city of Padang. What are the obstacles in the application of compensation in the form of restitution to children as victims of criminal acts of trafficking in persons in the jurisdiction of the city of Padang? The study uses an empirical legal. Data collection techniques are through interviews and document studies, and data analysis is qualitative. The conclusion is the application of restitution for children who are victims of criminal acts of trafficking in persons in the jurisdiction of the city of Padang has not been optimal. The obstacle in implementing restitution for children as victims of the crime of trafficking in persons is the lack of awareness of law enforcement officers on victim protection, especially restitution, which results in the rights of the victims of criminal acts being often neglected because they tend to be law enforcement are more focused on imposing criminal charges against perpetrators.

The International Labour Organization (ILO) estimates that 24.9 million people are victims of forced labor globally. In addition to being a tragic human rights and security issue, trafficking in persons (TIP) is a high-profit, low-risk type of organized crime that generates an estimated $150 billion in illicit profits per year. Trafficking in persons is prevalent throughout all countries in the world and transcends both regime types and levels of development. Considering the size of the problem - both in terms of the number of victims as well as the monetary size of this particular type of illicit trade - it is puzzling why progress in enforcement of the laws in place remains limited. Conviction rates remain low, the number of victims identified compared to the total victim estimate of 24.9 million is negligible, the estimated total illicit profits produced annually by trafficked forced laborers is on the rise, and the estimated number of victims of trafficking is increasing. Why are governments failing to effectively address the issue of trafficking in persons? What role does agency of the street-level bureaucrats and low state capacity play in limiting enforcement of applicable TIP laws? The first article in this series of three finds that one potential explanation as to why TIP persists is because of the intentional non-enforcement by those public officials in charge of enforcing the laws in place. Contrary to the conventional wisdom that non-enforcement is a result of a lack of resources, it could also be an active strategy based on corrupt officials' pursuit of private benefits. While there is a centrally-made policy to combat trafficking, the street-level bureaucrats appear to be acting in accordance with their own private interests. By applying a principal-agent lens to the issue, a piece of the larger puzzle of understanding the lack of enforcement of trafficking laws seems to be that there is a divergence between street level action and central policy, where the agency appears to be located at the individual or street level. The second article examines whether a state's capacity to address trafficking in persons varies depending on the bureaucratic functions public officials have been tasked to perform, or across the governance issues the state intends to address - meaning in the specific case of trafficking the purpose of exploitation or industry in which the trafficking victims are exploited. Contrary to current research on state capacity, the findings indicate that state capacity may indeed vary depending on the type of crime that needs to be prevented and enforced against, and the type of bureaucratic function that intersects with the trafficking crime. This means that we cannot treat human trafficking as a single phenomenon or apply a one-size-fits-all policy response to address it. Instead, the response will have to vary (i) depending on the sub-category of trafficking (i.e. trafficking for the purpose of sexual exploitation, forced labor or domestic servitude) that is being addressed, and (ii) where in the trafficking process or on which bureaucratic function governments focus their anti-trafficking efforts. The third and final article focuses in on the United States in general, and New York City in particular. Through semi-structured interviews with a wide range of representatives from NGOs, government agencies, journalists and politicians active in the anti-corruption and anti-trafficking space in NYC, a first-ever in-depth investigation of the trafficking in persons and corruption landscape in a large metropolitan city, located in a highly developed, democratic country, is conducted to provide an empirically based starting point for future research on this topic. While numerous reasons have been raised as to why trafficking is as prevalent as it is in NYC, the corrupt involvement by law enforcement was a recurring theme in the interviews. When the drivers of greed and a pursuit of power are present in an environment with a strong blue shield, insufficient whistleblower protection, and a lack of efficient oversight, we observe non-enforcement of TIP laws by those public officials who have been tasked with preventing this crime.--Author's abstract