Perlindungan Hukum terhadap Korban Tindak Pidana Perdagangan Orang Dalam Perspektif Sistem Peradilan Pidana Indonesia dan Malaysia

This study aims to determine the legal protection for victims of trafficking in persons in terms of human rights perspective. This research is based on the fact that there are still cases of trafficking in persons and the protection of victims is still not effective. Victims are entitled to protection according to human rights guidelines. The author conducted this research using a normative research method using a statutory approach related to the object under study and also using a conceptual approach. The data collection technique used is secondary data consisting of primary legal materials, namely legislation and secondary legal materials in the form of books, scientific papers and data obtained. This study explains that a person who is a victim of trafficking in persons is entitled to protection in accordance with the provisions of the legislation as well as the provision of compensation rights to victims of trafficking in persons according to the human rights inherent in him. And this study also discusses the role of the government and the community in an effort to provide protection for victims of trafficking in persons to uphold human rights.

Regulations related to compensation for victims of trafficking in persons within the Indonesian legal framework still leave significant lacuna legis, or legal gaps. The purpose of this study is to identify and analyze lacuna legis in the provision of compensation for victims of trafficking in persons in Indonesia. This study uses normative legal research with a legislative and conceptual approach. The results of the study show that there are lacuna legis in the TPPO Law, PSK Law, PP 35/2020, and PERMA 1/2022, which do not categorize victims of trafficking in persons as recipients of compensation. but instead limit the scheme only to victims of gross human rights violations and criminal acts of terrorism, thereby creating inequality in protection with victims of other crimes and contradicting the principles of modern victimology and the state's obligations under international law, which require the state to provide effective recovery for all victims of serious crimes, including victims of trafficking in persons. The recommendation in this study is that it is necessary to reconstruct the compensation arrangements for victims of trafficking in persons as an effort to fill the legislative gap so that protection for victims of trafficking in persons is more inclusive, responsive, and in line with international standards

The crime of trafficking in persons often occurs among women and children. This case is mostly among adult women; this is due to demands (less economic) so that trafficking in persons often occurs. The government must eradicate this case and provide legal protection for victims of trafficking in persons so that women and children are not arbitrarily treated by traffickers. The type of research used is juridical normative; a study the discussion of which is based on laws and legal materials. The results of the analysis show that the criminal sanctions given to the perpetrators must be really sanctions that give a deterrent effect, so that the perpetrators do not repeat their mistakes. In addition, the existence of sanctions can reduce criminal cases of trafficking in persons against women and children, and no one treats women and children arbitrarily, and no longer makes women and children victims of trafficking in persons. So that children and women can become the next generation of the nation to be proud of themselves and others.

Formulation of the problem 1. What is the form of legal protection for women as victims of trafficking in persons 2. What are the legal actions against the perpetrators of the crime of trafficking in persons. 3 What solutions are taken by legal protection officials in overcoming obstacles to providing protection for women. The purpose of the research 1. To find out the form of legal protection for women as victims of trafficking in persons.2. To find out legal actions against perpetrators of criminal acts of trafficking in persons. To find out what solutions are taken by legal protection officials in overcoming obstacles to providing women's protection. Research Methods The author uses a normative juridical method because the target of this research is law and norms. The definition of rules includes, legal principles, rules in the narrow sense and concrete legal regulations. This normative juridical research method aims to find coherent truths through deductive ways of thinking. The deductive way of thinking means that the research will depart from a specific idea. Research Results Legal protection for victims of the crime of trafficking in persons can not only be realized in the form of punishment of the perpetrators, but also in the form of fulfilling rights, including the right to obtain confidentiality of identity, the right to to obtain restitution or compensation, as well as the right to obtain .1. Declare that the Defendant HANITA SARI NASUTION ALS NONA has been legally and convincingly proven guilty of committing the crime of “Trafficking in Persons”; 2. Sentenced punishment on the Defendant therefore with imprisonment for 4 (four) years and a fine of Rp. 120,000,000.00 (one hundred and twenty million rupiahs) provided that if the fine is not paid, it is replaced with imprisonment for 3 (three) months.. The government's efforts or solutions to overcome human trafficking are as follows. The government strengthened security at the border. The government is strengthening laws and enforcement on human trafficking. The government cooperates with other countries, especially in the investigation and prosecution of perpetrators of human trafficking.

Abstract. Trafficking is a serious problem and occupies the second largest industry in the world. Trafficking in persons is a crime against humanity. Its activities include the act of recruiting, transporting, transferring, storing or receiving a person using violence, coercion or otherwise for the purpose of exploiting them. In order to prevent and eradicate trafficking in persons, especially women and children, Member Countries of the Association of Southeast Asian Nations is known as ASEAN making an international agreement which regulates trafficking in persons, especially women and children, namely the ASEAN Convention Against Trafficking in Persons, Especially Women and Children (ACTIP). The purpose of this study was to determine the implementation of legal protection against victims of trafficking in Indonesia in relation to ACTIP. The approach method in this research is normative juridical. The research specification used in this study is Descriptive Analysis. The data in this research were obtained through literature study or document study. Data analysis method in this research is qualitative normative analysis. The study concluded that some of the provisions contained in ACTIP protect victims of trafficking in persons. The implementation of legal protection for victims of trafficking in persons by Indonesia has not been effective. Keywords: Human Trafficking, Legal Protection, ACTIP Abstrak. Perdagangan orang merupakan sebuah masalah serius dan menempati industri terbesar kedua di dunia. Perdagangan orang merupakan tindakan kriminal terhadap kemanusian. Kegiatannya meliputi tindakan perekrutan, pengangkutan, mentransfer, menyimpan atau menerima seseorang manusia menggunakan kekerasan, pemaksaan atau lainnya untuk keperluan mengeksploitasi mereka. Dalam rangka mencegah dan memberantas perdagangan orang, khusunya perempuan dan anak Negara Anggota dari Perhimpu

Children are a mandate and a gift from God Almighty. Dignity as a human being is also inherent in them. Children are the potential successor and young generation who carry forward the ideals of the nation's struggle. They have a strategic role and special characteristics that ensure the continuity of the nation and state in the future. In order for each child to be able to bear this responsibility in the future, she/he needs to have the widest possible opportunity to grow and develop optimally, physically, mentally, socially, and nobly. Therefore, it is necessary to make efforts to protect the welfare of children by providing guarantees for the fulfillment of their rights as well as treatment without discrimination. This research was conducted with the aim of describing how the legal protection of children as victims of trafficking in persons based on Law Number 35 of 2014 concerning Child Protection and how the sanctions against the perpetrators of child trafficking. The research method used in this research was normative legal research. The results of this study indicated that legal protection for children as victims of trafficking in persons based on Law Number 35 of 2014 concerning Child Protection includes the protection of dignity, as well as recognition of human rights possessed by children based on legal provisions of abuse. In addition, the sanctions against the perpetrators of child trafficking are regulated in Law Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons.

Human Rights (HAM) is a fundamental right of all mankind as a gift of God inherent in human beings, natural, universal, eternal associated with human dignity, equally owned by all people, regardless of gender, nationality, religion, age, language, social status, political views, etc. One of the problems related to human rights in Indonesia is the crime of trafficking in Persons which is one form recruitment, delivery, transfer, protection or acceptance of a person, by threat or use of force or any form of coercion, kidnapping, deception, lying, or other abuse of power, or vulnerable position or giving or receiving payments or obtaining benefits to obtain the consent of someone who has power over others, for the purpose of exploitation. the purpose of this article is to determine the ratio decidendi judge's decision against the provision of compensation to victims of trafficking in persons of decision number: 584/K/pid.Sus/2013/Pn Sby and to determine the recidendi ratio which is an inhibiting factor so that it does not deberikannya compensation to victims of trafficking in Persons Decision No. 12 / Pid.Sus / 2021 / PN Kpg. The results showed that: (1) based on the consideration of the Supreme Court in the decision of the trafficking in persons case above, the ratio decidendi used in providing compensation to victims of trafficking in persons in the above decision is the provision of compensation is a citizen's right, the distribution of compensation is intended as assistance or to ensure the welfare of victims of crime and as Social Security. (2) inhibiting factors so that the crime of trafficking in Persons is not given in decision Number 12/Pid.Sus / 2021 / PN Kpg namely: legal factors and the unavailability of compensation implementation guidelines.

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.

The emergence of various forms of manipulation and exploitation has resulted in rampant trafficking in persons, in which children are also trafficked. Basically, children as the next generation of the nation have a role in ensuring the continuity of the nation. Therefore, children need to get ample opportunities to grow and develop. This study was conducted with the aim of describing how legal protection of children as victims of trafficking in persons. The research method used in this study is normative legal research which is studied using a statutory approach (statute approach). The results of this study show that children are very vulnerable to becoming victims of child trafficking for the purpose of exploitation. The law relating to child trafficking has been in force and has binding legal force, but its enforcement has not been sufficient to provide a deterrent effect for perpetrators. In this case, children as victims should get legal protection which includes protection of their dignity, dignity, and fulfillment of their rights. However, in the criminal justice system, victims are often given less attention, in reality Indonesian law only focuses on punishing perpetrators and overrides the rights and protection of victims.
 
 Keywords: Child Trafficking.Exploitation. Legal Protection

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.

Introduction to The Problem : The background of this research is the existence of problems related to legal protection policies for women and children who are victims of human trafficking in Indonesia. Based on data from the Ministry of Foreign Affairs, it is known that there were 35 victims of human trafficking in 2010, while in 2011 and 2012, there were 33 people and 92 people, respectively. One of the policies made by the government regarding the above problems is Law Number 21 of 2007 concerning the Eradication of the Crime of Human Trafficking. However, it is found that this law has not been able to reduce human trafficking in Indonesia. In addition, this law is considered ineffective in fulfilling the rights of victims in which the criminal law's provision of protection to victims of human trafficking has not yet produced a clear pattern. Purpose/Objective Study : This study aims to analyze the legal protection for women and children as victims of human trafficking in Indonesia. Design/Methodology/Approach : This research is normative legal research (juridical normative) which uses a statute approach and a conceptual approach related to legal protection for women and children victims of human trafficking in Indonesia. Research results are further associated with the values contained in Human Rights. Findings : Based on the description above, the problems found are as follows: The number of cases of human trafficking in Indonesia continues to increase; Legal protection efforts for women and children victims of human trafficking viewed from a human rights perspective in Indonesia have not been effective; The form of protection for victims of human trafficking by criminal law has not yet shown a clear pattern. Paper Type : Research Article

Trafficking in persons is a modern form of slavery. The eradication of human trafficking has been on the agenda in law enforcement because of its effects can interfere with social welfare. One form of trafficking in persons who lately is rampant child trafficking. The problems that can be studied is how the perspective of Human Rights in providing protection to children who are victims of trafficking and whether the implementation of legal protection for child victims of trafficking in Cianjur is in line with the concept of human rights . This study uses normative juridical approach and specification of descriptive analysis. Results from this study is the protection of child victims of trafficking in persons has been referred to the concept of human rights which the regional government make policies on prevention of trafficking, rehabilitation, counseling and empowerment of victims of human trafficking. Keywords: human rights, legal protection, trafficking

Purpose: Human trafficking is a transnational crime imposed on human beings, and for this reason, Indonesia has prohibited it and enforced criminal sanctions on human trafficking offenders. The objective of this research is to elaborate and analyze legal protection for human trafficking victims that is regulated in laws and regulations, including its problems. Theoretical reference: This legal research applies legal and regulatory approaches and a conceptual approach, and its legal material is analyzed through a normative method. Method: The legal material used is primary legal material in the form of laws and regulations, such as Human Trafficking Eradication Law, Witness and Victim Protection Law, Indonesian Migrant Worker Protection Law, and other laws as well as secondary material in the form of textual books, journal, reports, and others. The primary legal material was collected using the inventory and categorization methods. Results and Conclusion: The findings of this research show that Indonesia has regulated legal protection for human trafficking victims, be it preventive or repressive. The ratification of various laws and regulations, the imposition of sanctions, and the assignment to the government to prevent human trafficking were implemented as preventive legal protection. Meanwhile, repressive legal protection in the form of protection from the Witness and Victim Protection Agency (LPSK), restitution and rehabilitation, civil lawsuit filing, and repatriation by the state. Implications of research: The major and fundamental problem in providing legal protection for human trafficking victims is its regulation, in which a contradiction occurs between the Human Trafficking Eradication Law and the Witness and Victim Protection Law. Originality/value: The novelty of this research study is to provide better idea and understanding regarding regulatory alignment and synchronization are required so that human trafficking victims receive legal protection with legal certainty and justice.

The problems in this research are concerning to the regulations on the legal protection of illegal Indonesian migrant workers abroad who are victims of trafficking in persons already comprehensive, and the forms, mechanisms and procedures for legal protection of illegal Indonesian migrant workers abroad who are victims of trafficking in persons in BP3TKI Central Java already comprehensive?This thesis research uses a qualitative approach with a juridical-empirical method. The results of research and discussion show that based on Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers Overseas (PMI Law), the protection provided to victims of human criminal acts includes legal, social and economic protection. Whereas Law Number 21 of 2007 concerning Eradication of the Criminal Act of Trafficking in Persons (Huma Trafficking Act) grants the right to victims of human trafficking, among others, restitution, rehabilitation and repatriation. The most important form of legal protection for Indonesian migrant workers who are victims of trafficking in persons by Central Java BP3TKI is the repatriation of victims. In addition, the BP3TKI also conducts law enforcement against the perpetrators who are suspected of committing criminal acts of people. In conducting protection efforts, the Central Java BP3TKI collaborates with various parties such as the local police, BNP2TKI, and representatives of the Indonesian state in the placement country.
 
 

The two continents and oceans around Indonesia make Indonesia in the position of international shipping trade routes. However, in the geographical location of the State of Indonesia, it is threatened to become a traffic lane for crime. Trafficking in people or persons is not only a domestic concern, but is a universal problem that is increasing every year. The purpose of this research is to find out or provide knowledge about the fulfillment of restitution rights and rehabilitation rights, and compensation for victims of trafficking in persons which are criminal acts in court decisions. Normative juridical law is the method used by the author in this study. This study provides results that the right to rehabilitation, restitution, and compensation for victims of the Criminal Act of Trafficking in Persons in Decision No. 257/Pid.Sus./2019/PN SDA and Decision No. 889/Pid.Sus/2018/PN SDA according to the Law No. 21 of 2007 was not implemented or not applied by the Panel of Judges.