By: Latifah Iskandar
Special Committee Chairman Bill PTPPO, Member of Parliament Faction PAN
Worrying to see human trafficking cases committed in broad scale against women and children of Indonesia. To combat this modern-day slavery practices, the House took the initiative of developing a draft Law Eradication of Trafficking in Persons (Draft PTPPO). For discussion, the author gained the trust as chairman of a special committee (committee). The bill was scheduled to be ratified in 2006.
Comprehensive statistical data of trafficking of women and our children are not available. Even so, an estimated hundreds of thousands of people have experienced it (Rosenberg, 2003; 30). There were reports of dozens of women trafficked as sex slaves Medan to Malaysia. Also, girls to Papua and Manado Indramayu children to places of entertainment in Jakarta.
Trafficking occurs not only for sexual exploitation. On a working visit to West Kalimantan, the author met girls who are exploited as domestic workers (PRT). He promised to work in a factory in Malaysia, but in fact forced to work as domestic workers. Despite have worked six months, she did not receive a salary of anything, even employers often abused. In addition, trade practice is also done for the purpose of workers of foreign vessels, cultural dancers, and marriage order.
On a visit to Kuala Lumpur, Malaysia, the author witnessed hundreds of our daughters as victims of trafficking are sheltering in the embassy. The author spoke with six victims. They say, first they want to work after no longer able to continue school. Some of them just to complete primary school or junior high school. Traffickers offer to work in Malaysia. Apparently, the promised jobs did not exist, instead they were sold to the gang trafficking in Malaysia.
This victim's testimony provided an explanation to us, women and school dropouts tend to look for work. The decision was in fact not balanced with adequate information about the types of jobs are available and how to get it right process.
Looks at all district officers and local labor offices almost never helps women and children get the information. This situation of human trafficking gang used to trap them.
Thus, factors drop out of school, work aspirations, and the breakdown of employment information are important aspects of trafficking. Sadly, these factors seem to experience most of Indonesia.
Urgency bill
Economic programs, dissemination of information, and access to education in the region have waged vulnerable to human trafficking prevention. The program is also more oriented to the victims and the community to be more immune from the trade trap. In addition to the empowerment of victims, perpetrators of human trafficking must also be eradicated. For this purpose, we need adequate legal instruments. Apparently, the legal materials we have now are not sufficient to respond to the complexities of human trafficking crimes. Some important aspects which are not adequate in our legislation includes definitions, systems of proof of crime, and protection of victims.
a. Problem definition
There are two laws that are most relevant in this crime, namely Article 297 of the Penal Code Act and the Child Protection Act of 2002 Article 83. Only two laws do not give a definition of human trafficking. The absence of this definition brings serious problems in the application of these two laws in a case that should be categorized as trafficking.
This problem is found, for example, in the case of women trafficking syndicate under the age of origin of Nusa Tenggara and East Java in Tanjung Pinang, Riau Islands. (Www.liputan6.com, 5.12). In this case the perpetrator was prosecuted only on charges of employing minors, deceptive employment data, or persecute the prospective migrant worker. The threat of punishment 2.8 years in prison. These penalties are too mild compared to when using Article 297 of the Penal Code which has the threat of up to 6 years in prison.
The same thing happened to the case of a stripper to Japan on behalf of impresario services that occurred recently. The prosecution refused to use Article 297 of the Penal Code on the basis of the victim was an adult.
b. Organized crime
Criminalization of human trafficking similar practices in the law that there is more focus on individual crimes. Though markedly practices conducted in organized human trafficking. Technically the law, investigations and criminal investigations of individuals and teorganisir supposed to be different. Likewise, the legal definition of organized crime must be clearly described because this crime can be based on the relationship complicity of "strong" or "loose". Generally organized crime syndicates trafficking conducted by the organization without structure, but involves several people, including working with officers who abuse their authority.
3. Protection of victims
Victims of trafficking suffer in body and mind. Apparently, the existing law does not provide adequate assistance to victims.
There should be assistance for victims who must be given according to law. Assistance can include physical injury and trauma treatment, a claim for rights as workers, and the ease of dealing with the legal process as a victim of crime. The latter is the key to the successful prosecution of human trafficking.
The third important aspect of this is the basic argument why we need a new law on combating human trafficking. To that end, the Parliament and government should work hard so that Indonesia has a comprehensive human Anti-Trafficking Act and implemented adequate.
source: Kompas Daily
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