Human Trafficking Cases Research Articles

Analysis of Judge's Decision in a Human Trafficking Criminal Case (Case Study of Decision Number: 2045/PID.SUS/2023/PN SBY)

This research aims to analyze the judicial considerations and decision-making process in a human trafficking criminal case at the Surabaya District Court, specifically examining Case Number 2045/Pid.Sus/2023/PN Sby. Employing a normative legal research method with a juridical analysis approach, the study utilizes library research techniques to collect and examine secondary data from legal literature, court documents, and academic journals. The research focuses on exploring how judges determine legal considerations and sentencing in human trafficking cases, with particular attention to understanding the elements of human trafficking crimes and the application of substantive justice. The findings reveal that the court's decision-making process involves a comprehensive review of the indictment, evidence, witness testimonies, and consideration of both aggravating and mitigating factors. In this specific case, the defendant, Pendi Hermawan Bin Amung Suryadi, was found guilty of human trafficking under Article 2, Paragraph 1 of Law No. 21 of 2007 and sentenced to 3.5 years imprisonment and a fine of IDR 120,000,000. The study concludes that the judges' approach fulfilled the criteria of substantive justice by exploring community sense of justice beyond mere procedural formalities, thereby contributing to a more nuanced understanding of judicial decision-making in human trafficking cases.

Perdagangan Organ Tubuh Manusia untuk Kebutuhan Medis dalam Konteks Kejahatan Transnasional

This research focuses on the discussion of regulations in the field of health and transnational crime in responding to the rampant criminal acts of human organ trafficking carried out across countries. This research provides a limitation that the organ trade in question is for medical needs such as donors or transplants. The purpose of this study is to determine the existing criminal law and health law arrangements in Indonesia as well as the legal relationship between Indonesia and other countries regarding human organ trafficking in the context of transnational crimes. This study also provides appropriate legal and health efforts in tackling the rampant cases of human organ trafficking for medical needs carried out across countries. The research method used in this study is normative legal research with a statutory approach, literature review, and interviews with resource persons.

Challenges in Migrations: Combating Trafficking in Human Beings in Serbia

The state laws of the Republic of Serbia recognize trafficking in human beings as a form of organized criminal activity, and different acts treat the prevention, repression and punishment of trafficking in human beings as well as the protection of the witnesses and the injured persons, before, in the course of and after the criminal prosecution. The Council of the Government of the Republic of Serbia for the fight against human trafficking was first constituted in December 2005, as an expert, advisory body of the Government. The Constitution of the Republic of Serbia from 2006 deals with the issue of human trafficking in the provision of Article 26: “It is expressly forbidden that no one can be held in slavery or in a position similar to slavery, that is, every form of human trafficking and forced labor under which it is considered sexual or economic exploitation of persons in a disadvantaged position”. The Criminal Code sanctioned: Human Trafficking (Art. 388); Trafficking in children for adoption (Art. 389); Establishment of slavery and transportation of persons in slavery (Art. 390). People smuggling is criminalized as a separate criminal offense under Unauthorized Crossing of the State Border and People Smuggling (Art. 350). The aims of this work are to indicate all relevant regulations that are applied against human trafficking in Serbia as well as to show the cooperation of Serbia as a candidate country and EU accession with other countries in the fight against human trafficking and the cooperation of state authorities and non-governmental organizations in preventing human trafficking in Serbia and abroad. At last, the cases of migrants and human trafficking described in the media are presented and what kind of attention these criminological phenomenons are causing in Serbia.

Reframing Human Trafficking: Indonesia’s Diplomacy in Tackling Chinese Mail-Order Bride Cases

The phenomenon of Chinese mail-order brides in Indonesia gained prominence in the 1980s and resurfaced in 2017, particularly affecting regions like West Kalimantan. This research aims to examine Indonesia’s diplomatic strategies in addressing Chinese mail-order brides as human trafficking cases (TPPO) from 2018 to 2021, focusing on engagements between the Indonesian Minister of Foreign Affairs and the Chinese Government. Theoretical frameworks of diplomacy, humanitarian diplomacy, and human security provide the analytical lens for this study. The study employs a qualitative research method, leveraging a comprehensive literature review of official documents, academic sources, and credible news articles. The research findings reveal that poverty, limited education, parental influence, and scarce employment opportunities contribute to the prevalence of mail-order brides. Additionally, cultural perceptions and aspirations for an improved life exacerbate the issue. The Indonesian government, through bilateral diplomacy, has made significant efforts, such as negotiating victim repatriation and enhancing law enforcement collaborations with China. Notable successes include framing mail-order bride cases as TPPO, which facilitated victim repatriation. NGOs like the Indonesian Migrant Workers' Union (SBMI) have played essential roles in advocacy and preventive measures. Despite these efforts, challenges remain, such as differing cultural perspectives between Indonesia and China and regulatory inconsistencies. Governmental complicity and inadequate documentation have further complicated diplomatic resolutions. The research highlights that Indonesia’s strategic reframing of mail-order bride cases as human trafficking crimes enhances international cooperation and offers policy innovation for addressing human rights violations.

Peran Kejaksaan dalam Penentuan Hak Restitusi Tindak Pidana Perdagangan Orang

This study aims to find out and analyze the role of the prosecutor's office in determining the right to restitution for the crime of trafficking in persons based on case number 27/Pid.sus/2019/PN.Kpg. This research is a normative legal research (library research) supported by empirical data. This research focuses on the Role of the Prosecutor's Office in Determining the Right to Restitution for the Crime of Trafficking in Persons. The approach used in this study is the case approach. This research uses primary legal materials, secondary legal materials and tertiary legal materials. This legal research is analyzed using the Content Analysis legal material analysis technique. The results of this study show that (1) The existence of restitution is contained in Law Number 21 of 2007 concerning Trafficking, Article 4 of Perma No. 1 of 2022, and is contained in the Criminal Procedure Code. (2) The role of the prosecutor's office in determining the right to restitution of victims in the crime of trafficking in persons is to inform the victim of their rights in submitting restitution applications to the court, so that the suggestions that can be given to law enforcers, especially the Public Prosecutor, should be given socialization or training regarding Law Number 21 of 2007 concerning the Eradication of Trafficking in Persons, especially the provision of restitution, so that there is a common perception in handling cases of human trafficking.

Humanistic approach in protecting victims of human trafficking crimes

Cases of human trafficking are becoming more prevalent and represent grave abuses of human rights. Both locally and internationally, victims of human trafficking run the danger of being exploited, violent, or infected with contagious illnesses. The Indonesian government has not fully complied with the minimal criteria for safeguarding victims of human trafficking, notwithstanding Law Number 21 of 2007 for the Eradication of the Crime of Human Trafficking. Human rights restoration and respect for victims of human trafficking must be given priority in the implementation of legal protection for these individuals. To strengthen and increase the security of victims’ rights in the future, this study intends to conduct a thorough analysis of the humanism approach model and policies for safeguarding victims of human trafficking. This research uses an empirical technique to support its normative legal analysis. Primary and secondary legal sources are used in this research. The study’s findings show that the protection provided by humanist criminal law for victims of human trafficking is founded on humanitarian principles that derive from the divine principles found in the Pancasila ideology. There are additional requirements for punishment, such as its purpose, its ability to serve as therapy, and its determination to reflect the victim’s and society’s sense of justice. This criminal law is founded on the principles of legality and balance.

PAROKI RAMAH ANAK SEBAGAI WUJUD DIAKONIA GEREJA TERHADAP PERSOALAN HUMAN TRAFFICKING

The Catholic Church pays full attention to efforts to eradicate human trafficking that affects children Catholic Church pays full attention to efforts to eradicate human trafficking that affects children and women. The Church realizes that human trafficking is a humanitarian issue that must be handled seriously. Humans, including children and women, are the image of God and have the same dignity as all people. This concern is a form of Church diakonia, namely serving and protecting the small and weak. One of the Church's efforts is realized through a child-friendly parish program. A child-friendly parish is a pastoral program that prioritizes children to grow integrally as members of the Church. The approach used to obtain information about child-friendly parish programs is qualitative, using interview and observation methods. From this research it is concluded that the child-friendly parish program as a form of Church diakonia has not been fully understood and realized in parish life. So at the end of this article the author states several responsibilities of the Church as a form of Church diakonia in relation to human trafficking cases and offers several practical efforts that can be made by the Church to improve the quality of Church services to children through child-friendly parish programs.

Kejahatan Perdagangan Orang Dalam Perspektif Kejahatan Lintas Negara

Regulations regarding cases of cross-border human trafficking in Indonesia have long existed and were confirmed with the ratification of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 1979. Based on Law Number 7 of 1984 concerning Ratification of the Convention on the Elimination of All Forms of Discrimination against Women. This was then strengthened by the passing of Law no. On the 21st of 2007, legislation was passed to eradicate the crime of human trafficking. Compliance with the Palermo Protocol and the implementation of Law Number 21 of 2007 concerning the Eradication of the Crime of Human Trafficking is expected to increase legal protection for victims of transnational human trafficking, especially women.

On Some Issues of Judicial Practice in Human Trafficking Cases

Human trafficking continues to be one of the serious problems of the modern world community. The authors made an attempt on the basis of a comprehensive study (legal analysis of the composition of human trafficking and the study of judicial practice) to identify problematic issues when considering cases of this category, in order to ensure uniform approaches and develop a legal position. Eighteen sentences posted in the public domain in the Judicial Cabinet service, reviewed by the country's courts from 2015 to 2022, were studied. The data of official statistics are analyzed, the latency of crimes related to human trafficking is noted. The “facets” of human trafficking as a legal phenomenon in the history of national criminal legislation are traced. As possible ways to increase the effectiveness of countering trafficking in persons, as well as bringing domestic legislation into line with international law, it is proposed to include in the dispositions of Articles 128, 135 of the Criminal Code of the Republic of Kazakhstan an indication of the methods of committing crimes, differentiate the composition of trafficking in persons and trafficking in minors depending on the nature and purpose of the actions committed, systematically summarize judicial practice in cases of about human trafficking.

Empowering School Nurses: Enhancing Child Trafficking Awareness and Preparedness in American Public Schools.

Child trafficking poses a momentous public health threat to students in public schools. Although school nurses are exceptionally positioned to identify and respond to trafficking, most lack training and resources in this critical area. This project aimed to evaluate the impact of a multifaceted intervention on school nurse preparedness and practices related to child trafficking in an Oklahoma public school district. The project involved Unbound Now's nationally accredited training program for school nurses, implementation of the Fuentes et al.'s Toolkit for Building a Human Trafficking School Safety Protocol (HTSSP) funded by the U.S. Department of Health and Human Services, and facilitation of a roundtable discussion to initiate community collaboration. The results of the pretraining Fraley and Aronowitz School Nurses' Awareness and Perceptions Survey (SNAPS) illuminated variations in school nurses' knowledge and awareness of child trafficking, demonstrating the need for continued training. Post-training evaluations exhibited highly positive feedback, suggesting its effectiveness in meeting the training's objectives. Following the community stakeholder roundtable, the lead school nurse employed the HTSSP toolkit and directed efforts in successfully constructing and implementing a district-wide policy of procedures to respond to suspected cases of human trafficking. However, the project's limitations include a small sample and a single-school district focus. Despite these limitations, this project delivers valuable insights into the challenges and opportunities for enhancing school nurse preparedness in addressing trafficking. This project serves as a foundation for future initiatives to improve students' safety and wellbeing in public schools.

Application of forensic analysis methods in the field of investigation of recruitment of people for sexual slavery abroad

The article is dedicated to the analysis of the human trafficking problem, with a focus on sexual exploitation as one of the main forms of this crime. The author examines this issue from various aspects, particularly through the lens of statistical data, legislative norms, and investigative methods. Special attention is given to the situation in Ukraine, where human trafficking, exacerbated by the full-scale war with Russia, remains an extremely relevant and complex problem. Prior to the conflict, Ukraine ranked 49th among 167 countries in the prevalence of modern slavery. However, due to recent events, the scale and prevalence of this crime have significantly increased. Utilizing statistical data from the National Police of Ukraine, the article points out the high latency of this crime and the significant proportion of sexual exploitation among human trafficking cases. In the context of legal regulation, the author analyzes international and national normative acts that prohibit slavery and human exploitation. In particular, attention is drawn to Article 4 of the Universal Declaration of Human Rights and the relevant articles of the Criminal Code of Ukraine. The article describes how human trafficking is conducted both at the national and transnational levels, with an emphasis on the difficulties of detection and investigation of such crimes due to their hidden nature. It is noted that the investigation of such crimes requires the use of two methods of inquiry: information from witnesses and victims, which can be less effective, and data from operational-search activities, which provides maximum efficiency. For investigating offenses related to sexual exploitation abroad, criminal analysis methods are used, including the analysis of connections, events, departmental, and open-source information. The author emphasizes the importance of using innovative technologies, particularly artificial intelligence and multimodal models based on machine learning, for more effective detection and counteraction of the crime of human trafficking. It is underscored that such technologies can complement traditional investigative methods, providing the ability to better analyze collected information and identify potential victims and criminals. The author of the article calls for attention to and resolution of the human trafficking problem in Ukraine and emphasizes the necessity of adhering to international and internal norms to combat this crime.

Forensic Nursing in Human Trafficking Cases: A Multidisciplinary Approach

Forensic Nursing in Human Trafficking Cases: A Multidisciplinary Approach

Justice Connectivity in the Criminal Prosecution of Human Trafficking

Introduction: The involvement of members of the army of the Republic of Indonesia and The Police of the Republic of Indonesia became a special obstacle in the handling of human trafficking cases. The difficulties are due to the existence of special regulations governing the courts applicable to members of the Indonesian army who commit criminal acts.Purposes of the Research: The case may be dealt with in conjunction with a criminal offense of trafficking in persons, given that the offense has fulfilled the element of involvement (also, deelneming) or jointly (mede dader) between a civilian and a person with military status in the criminal offense of trafficking.Methods of the Research: The research used normative jurisprudence, focusing on primary legal material such as Act No. 21 of 2007 on Punishment of Trafficking in Persons, Law No. 31 of 1997 on Military Justice, and Law No. 2 of 2002 on the State Police of the Republic of Indonesia. The research was descriptive-analytical, interpreting the law according to its context and analyzing its results in a qualitative, descriptive manner. Secondary legal material included publications on human rights protection, particularly those relating to women and children. The fact approach was used to study human trafficking facts and provide critical analysis. Library documents, books, and journals were also analyzed. Data analysis involved document study techniques and qualitative analysis, with the results and author's analysis of relevant theories.Results of the Research: The article addresses the Indonesian Army and Police's involvement in human trafficking offenses, emphasizing the intricacies and problems of prosecuting such instances. The author believes that the judicial system must promote justice and openness in such circumstances. The Indonesian legal system recognizes both military and civilian jurisdiction over crimes committed by military personnel, but implementation gaps cause uncertainty and delays in judicial processes. Handling crimes involving several institutions necessitates close teamwork, particularly among the Indonesian army and police. The mechanism to facilitate collaborative processing of human trafficking cases is connectedness justice, which decides which court has the authority to punish members of the Indonesian army for human trafficking.

Justice Connectivity in the Criminal Prosecution of Human Trafficking

Introduction: The involvement of members of the army of the Republic of Indonesia and The Police of the Republic of Indonesia became a special obstacle in the handling of human trafficking cases. The difficulties are due to the existence of special regulations governing the courts applicable to members of the Indonesian army who commit criminal acts.Purposes of the Research: The case may be dealt with in conjunction with a criminal offense of trafficking in persons, given that the offense has fulfilled the element of involvement (also, deelneming) or jointly (mede dader) between a civilian and a person with military status in the criminal offense of trafficking.Methods of the Research: The research used normative jurisprudence, focusing on primary legal material such as Act No. 21 of 2007 on Punishment of Trafficking in Persons, Law No. 31 of 1997 on Military Justice, and Law No. 2 of 2002 on the State Police of the Republic of Indonesia. The research was descriptive-analytical, interpreting the law according to its context and analyzing its results in a qualitative, descriptive manner. Secondary legal material included publications on human rights protection, particularly those relating to women and children. The fact approach was used to study human trafficking facts and provide critical analysis. Library documents, books, and journals were also analyzed. Data analysis involved document study techniques and qualitative analysis, with the results and author's analysis of relevant theories.Results of the Research: The article addresses the Indonesian Army and Police's involvement in human trafficking offenses, emphasizing the intricacies and problems of prosecuting such instances. The author believes that the judicial system must promote justice and openness in such circumstances. The Indonesian legal system recognizes both military and civilian jurisdiction over crimes committed by military personnel, but implementation gaps cause uncertainty and delays in judicial processes. Handling crimes involving several institutions necessitates close teamwork, particularly among the Indonesian army and police. The mechanism to facilitate collaborative processing of human trafficking cases is connectedness justice, which decides which court has the authority to punish members of the Indonesian army for human trafficking.

A Legal Protection Model For Handling Human Trafficking in West Kalimantan Border

<em>Although it is a highly serious human crime, people trafficking still occurs, particularly in West Kalimantan's border region. West Kalimantan's border region has seen a variety of attempts to reduce human trafficking, yet the practice persists still. There is a need for a solution or model that can lessen instances of human trafficking in the West Kalimantan border region, carried out so that the parties involved are unaware of it.This study aims to develop an appropriate model for legal protection to deal with human trafficking at the border West Kalimantan. Methods of the Research<strong>, </strong>The research will be conducted at the Polres in the Sajingan and Biawak border regions, as stated in the research title. The Sajingan Besar sector's Resort Police and Border Communities are two sources of crime prevention strategies based on legal requirements, The study's findings serve as a model for public protection from human trafficking activities from the perspective of the role of law enforcement officials, the police in the border regions of Sajingan and Biawak, in particular, to combat the crime of trafficking in persons, conduct investigations, and look into cases of human trafficking that happened in the border regions of Sambas Regency, particularly Sajin. The criminal law (penal) is used by the authorities as a model of legal protection to stop human trafficking. However, there is still human trafficking that takes place. Because there are still several barriers to sentencing that do not take into account the elements of a crime. The unlawful behavior in place does not yet constitute the TIP factor. Using criminal law policies and cultural norms to carry out criminal crimes like human trafficking, protecting the public, and implementing coordination with illegal law enforcement policies all help to enhance efforts to combat corruption</em>

Enforcement of the Criminal Act of Trafficking in Women

Cases of human trafficking in Indonesia are currently very widespread. Apart from being used as sexual exploitation in Indonesia, the most common cases of human trafficking in Indonesia are cases of prostitution where people are trafficked in providing sexual services that can be ordered online. This of course creates unrest among the wider community. There are so many cases of human trafficking in cyberspace that occur and of course many of these cases have not been revealed because apart from the performance of law enforcement officers, it is also due to the inadequate legal regulations and criminal sanctions in dealing with human trafficking cases in cyberspace. cyberspace. The provisions in Law Number 19 of 2016 concerning Electronic Information and Transactions and Law Number 21 of 2007 concerning the Eradication of the Criminal Act of Human Trafficking do not regulate in detail all aspects regarding sanctions, elements and other matters regarding human trafficking. in cyberspace, both from Law Number 19 of 2016 concerning Electronic Information and Transactions and Law Number 21 of 2007 concerning the Eradication of the Crime of Human Trafficking and it is felt necessary to revise or further refine existing regulations so that later criminal sanctions can be imposed. These regulations can be used as a countermeasure. In this research, researchers try to examine the case of Decision Number 841/Pid.Sus/2019/PN Mdn and Decision Number: 180/Pid.Sus/2016/PN Psp, Decision Number 841 / Pid.Sus / 2019 / PN Mdn and in the research This time, researchers tried to examine the case of Decision Number 841/Pid.Sus/2019/PN Mdn and Decision Number: 180/Pid.Sus/2016/PN Psp, Decision Number 841 / Pid.Sus / 2019 / PN Mdn with the defendant named Mujiono alias Edak is an entrepreneur whose address is Hamlet III, Liberia Village, Kec. Mengkudu Bay District. Serdang Bedagai. The public prosecutor has submitted the defendant to trial on the charge of declaring that the defendant MUJIONO als EDAK has been legally and convincingly proven to have committed a criminal act ", who carried out recruitment, for the purpose of exploiting said person in the territory of the Republic of Indonesia" as regulated and punishable by crime in Article 2 of the Law Number 21 of 2007 concerning Eradication of the Crime of Human Trafficking.

“I Always Screen for a T Visa”: The Role of Legal Representatives in Supporting Human Trafficking Victims

ABSTRACT The T visa was created to protect immigrant victims and to strengthen law enforcement’s ability to investigate human trafficking cases. Yet, there is limited information on the process of obtaining these visas. The current study sought to fill this gap by interviewing six legal representatives in Nebraska who have assisted 22 foreign national trafficking victims from Latin America. This project addresses UN Sustainable Development Goal 16 (promoting just, peaceful and inclusive societies) by assessing how our T visa policy can protect vulnerable individuals from harm. Findings highlight the importance of law enforcement certification, challenges in filing the T visa application, and hardships if the T visa is not granted. Representatives noted that individuals who were approved were able to obtain employment and enroll in school. Other victims were still waiting on the results of their filed application, were still in consultations, or had been denied – resulting in uncertainty or deportation. Overall, the T visa was seen as an effective tool for responding to trafficking when it was successful. However, obtaining approval is an onerous task that can take substantial time and resources to meet all criteria. It will be important for future research to continue to explore the T visa process and outcomes.

Law enforcement training on child trafficking: Engaging all stakeholders

Abstract Since the passage of the Victims of Trafficking and Violence Protection Act in 2000, there have been rapid changes in the criminal justice and juvenile justice systems’ ability to identify, investigate, and prosecute cases of human trafficking and work effectively with survivors. Law enforcement officers are often the first to encounter victims, and their training in this area is critical. While trainings have expanded, they are still missing in many jurisdictions and are understudied. The impact of a 2-day, interdisciplinary, skill-based, and victim-centred child trafficking in-service training is evaluated via regression analysis of pre–post surveys with 187 participants. Results indicate that the training significantly improved both perceived trafficking-related knowledge and self-efficacy. Implications for policing and research include expanding and deepening skill-focussed interdisciplinary child sex trafficking training for law enforcement personnel that engages multiple stakeholders, including trafficking survivors.

Возможности использования данных о лице, совершившем преступление, при расследовании торговли людьми

In contemporary society, the fight against human trafficking has become a significant global issue. Human trafficking is considered a highly latent crime, often perpetrated by organized transnational criminal groups (organizations). Consequently, law enforcement agencies face certain challenges in detecting, investigating, and preventing these crimes. Addressing these issues can be facilitated by the competent use of criminalistic characteristics by law enforcement personnel. The aim of this study is to analyze the practice of investigating criminal cases of human trafficking and to examine the element of the criminalistic characteristics of human trafficking, specifically the data on the individual who committed the crime. Methodological Basis: To achieve this goal, the author employed the dialectical method, as well as a range of general scientific and special methods of scientific cognition (analysis, comparison, analogy, systemic method, etc.). Results: Based on the analysis of empirical material (statistics from the Judicial Department of the Supreme Court of the Russian Federation over the past five years, as well as the practice of investigating criminal cases in the Russian Federation under Article 127.1 of the Criminal Code of the Russian Federation), the author attempts to construct a descriptive model of the individual committing human trafficking. Conclusions: In the Russian Federation, the detection, solvability, and prosecution of human trafficking crimes committed by organized criminal groups remain at a relatively low level. It appears that improving the specific methodology for investigating human trafficking, particularly by constructing a criminalistic model of the individual committing the crime as stipulated in Article 127.1 of the Criminal Code of the Russian Federation, may help address this problem.

Diagnosis Challenges when Substance Use and Trauma are Part of the Narrative: An Examination of Human Trafficking Cases Among Women and Critical Points of Learning for the Mental Health Community

Diagnosis Challenges when Substance Use and Trauma are Part of the Narrative: An Examination of Human Trafficking Cases Among Women and Critical Points of Learning for the Mental Health Community