ENGLISH ASSIGNMENT

FINAL SEMESTER PROJECT

HUMAN TRAFFICKING

Group 2 :

- Putu Sunari Asih 1904551055

- Gusti Ayu Diyan Vanessa Cristina 1904551066
- I Made Suarnata 1904551077
- Adzi Adelia Putri 1904551089
- Nadya Racheliana Liauw 1904551102
- Natasya Nur Daniah 1904551116
- Josep Valentino 1904551127
- Dewa Gede Natih Dena Darma Putra 1904551137

FACULTY OF LAW

UDAYANA UNIVERSITY

2019
 CHAPTER I

INTRODUCTION

A. Background
Video 1 : “What is Human Trafficking?”
This video is talking about the process of human trafficking. According to the video,
human trafficking doesn’t happen all at once. Human trafficking happens through a
process. There are three steps of human trafficking process, such as:
1. The Act
The Act are including the recruitment, transportation, transfer, harboring or receipt of
persons.
2. The Means
This step of process means the threat or use of force, coercion, abduction, fraud,
deception, abuse of power or vulnerability, or giving payments or benefit to a person
in control of the victim.
3. The Purpose
For the purpose of exploitation, which includes exploiting the prostitution of others,
sexual exploitation, forced labor, slavery or similar practices and the removal of
organs. To ascertain whether a particular circumstance constitutes trafficking in
persons, consider the definition of trafficking in the trafficking in persons protocol
and the constituent elements of the offense, as defined by relevant domestic
legislation.

Video 2 : “In Plain Sight: Human Trafficking”

This video is about a documentation explained by several victims of human trafficking

and by several representation from the government in the United States of America. this
video focus mostly on human trafficking in the U.S, how the crime was done, how it
spreads thoroughly to every state in the U.S and how it was being taken care of until this
day. This video focus mostly on sex trafficking.
B. Problems

The main problems of the video is human trafficking. human trafficking is the
trade of humans for the purpose of forced labour, sexual slavery, or commercial sexual
exploitation for the trafficker or others. Though the two terms are often used
interchangeably, human trafficking is not human smuggling. Trafficking is the recruiting,
transporting, harboring, or receiving of a person through force in order to exploit him or
her for prostitution, forced labor, or slavery. Human smuggling, on the other hand, is the
transport of an individual from one destination to another, usually with his or her
consent—for example, across a border. It’s an important distinction—and one that must
be clear in order for law enforcement and policymakers to properly address each issue.

Human Trafficking happens because people need money. People make money
through legal and illegal actions. Human trafficking is a way for people to make money
but through illegal actions. With the economic downturn, more people around the world
find themselves in desperate economic situations and are more at risk of falling into
human trafficking. Most people stated that poverty, lack of education, immigration
policy, environmental conditions, fractured families, and a lack of good job opportunities
are the real causes of human trafficking.

There are some types of human trafficking, such as :

- children trafficking, traffickers in children trafficking may take advantage of the

parents extreme poverty. Parents may sell children to traffickers in order to pay off
debts or gain income, or they may be deceived concerning the prospects of training
and a better life for their children. From this type of trafficking, children are often
being put on prostitution, child pornography, forced labor, slavery, child soldiers,
athletes, international adoptions.

- sex trafficking, this type of trafficking usually happens to woman, but men aren’t
less either. This sexual exploitation happens between countries AND within the
countries for sex works with the use of physical coercion, deception and bandage
through forced debt. The victims are often promised work in the domestic or service
 industry, but instead they are taken to brothels, where they are required to undertake
sex work while their passports and other identification papers are confiscated. They
may have be beaten or locked up and promised their freedom only after earning-
through prostitution- their purchase price, as well as their travel and visa costs.

- labor trafficking, this type of trafficking is the movement of persons for the purpose
of forced labor and services. It may involve bonded labor, involuntary servitude,
domestic servitude and child labor. This type of trafficking most often within the
domain of domestic work, agriculture, construction, manufacturing & entertainment
and migrant workers indigenous people.

- forced marriage is a marriage where one or both participants are married without
their freely given consent (a choice). A person is sent abroad, forced into a marriage
and could led to not only sex trafficking but also labor trafficking by being treated as
a domestic servant.

- and trafficking for organ trade. This type of trafficking can take different forms. In
some cases, the victim is compelled into giving up an organ. In other cases, he victim
agrees to sell an organ in exchange of money or goods, but it is not paid (or paid less).
The victim may have the organ removed without the victims knowledge (usually
when the victim is being treated for another real medical problems/illness). Migrant
workers, homeless persons and illiterate persons are particularly vulnerable to this
form of exploitation. Trafficking for organ trade often seeks kidneys. This type of
trafficking is a lucrative trade because in many countries the waiting lists for patients
who need transplant are very long.

Impacts of Human trafficking on victims are hidden and difficult to see.

Trafficked persons often do not have unlimited access to basic necessities such as
safety, food sleep, hygiene and medical care. The effects of trafficking vary
depending on the type of trafficking and the specific situation.

Given that trafficking is based on the exploitation of individuals, all victims of

trafficking may be subject to physical, psychological and social impacts. Victims of
trafficking often experience harsh physical impacts due to excessive work or the use
of force by traffickers. In addition, victims may be exposed to serious health risks,
such as HIV/AIDS, as well as serious mental health risks. Anxiety, insecurity, fear
and trauma are all products of trafficking. Several studies indicates high levels of
Post- Traumatic Stress Disorder (PTSD) in formerly trafficked persons.
Trafficking can also lead to cognitive impairment, memory loss, depression and
even suicide.

Trafficked minors are all the more vulnerable due to their age. Trafficking may
greatly impact children’s emotional, physical and overall psychological development.
Trafficked persons may also experience social ostracism. Trafficked persons are
often isolated from their social circles, leaving individuals unable to engage socially
or reach out for help. Victims may also be trafficked internationally, and therefore
may not be able to engage due to a lack of linguistic capability or geographic and
cultural familiarity. Individuals specifically trafficked for sex have described facing
stigma and other negative responses during and after their trafficking experience,
especially from friends and family members.
Human trafficking is a crime that floats under the radar, human trafficking is a
mobile crime. It tends to move and its not easy to tell the statistics for this crime.
People are actively trying to cover this crime so that they can continue to make profit
from it. Human trafficking is a worldwide phenomenon but most people are still not
aware of this crime. human trafficking has been escalating over recent years and is
now the second largest criminal industry in the world. In some areas of the world, it is
highly organized crime and others places, new crime rings are being structured now.
Human trafficking is still a ‘myth’ for most people, why? Because nowadays
people lack of education, sympathy and empathy. Human trafficking can be easily
spotted if we know the certain signs of people being trafficked. People are still not
aware of human trafficking because most communities that are used to seeing streets
prostitutes that sees less street walkers might think that there’s not a problem or might
not be aware of the problem. Human trafficking also uses the internet. The internet
kept things available through the websites. People go online and they could easily
purchase things without even knowing what exactly are they buying. Majority of the
pimps on sex trafficking uses this kind of method, where they go online and put all of
the victim’s profiles and pictures and then wait from home for a deal to happen, so
the chances of getting seen or caught picking people up from the streets are none. It’s
a lot more private than to be out there picking up people from the street.
Most countries until this day, haven’t really push this crime to the public eye very
often. So, the people of the countries are still not aware, the government most likely
doesn’t consider this crime to be huge because the lack of knowledge themselves or
the government did deliver the existence of this crime to the people but the people
themselves chooses not to consider it seriously. It’s a serious take on both sides.
Humans should be aware of this crime; we all need to take this matter seriously and
do something about it. We could start by spreading awareness of this crime to all kind
of ages, from children to grandparents. Because a proper knowledge, education, and a
careful action are what most needed to prevent human trafficking from happening.
 CHAPTER II

PROBLEMS ANALYSIS

A. What law can be implemented based on Indonesia’s Law?

In order to prevent human trafficking from happening again, each countries

government made several binding rules about human trafficking. in the Republic of
Indonesia, the government specially made the rules that organize this crime, such as :

- Article number 21 Criminal Code, 2007 about Human Trafficking

- Article number 23 Criminal Code, 2002 about Children Protection
- Public Crimes Act
- 28th clauses of Indonesia’s Supreme Constitution

B. How can it be implemented?

The development of society makes the public system becomes increasingly

complex and increasingly widespread job descriptions of life. Therefore, the law made
must follow the development of society. If the law is made not to follow the development
of the society then the law says it is lagging behind, the law required to be more sensitive
and responsive to all the problems that occur in the community. Law No. 21 of 2007 on
the Eradication of Human Trafficking issued in the reform era (Mahfud, 2011) began
democratic political life. Political life in the reform era upholds the spirit of freedom,
openness, and democracy both at the level of executive, the legislature and the public in
general. Therefore, in the manufacture of Law No. 21 of 2007 on the Eradication of
Human Trafficking, society and community groups are included. Community represented
by the organization stages, the solidarity of women, the network is the national legislation
program women, Sayap Ibu foundation, Center for Indonesian Migrant Workers and
community groups such as the Indonesian Child Welfare Foundation, the National
Commission on Children, Migrant Workers Union, LBH APIK, Migrant Workers
 Defense Consortium. Therefore, in the process of law-making community has been
involved so characteristic of the characteristic responsive to follow the role and
aspirations of the people are met, then the Law No. 21 of 2007 on the Eradication of
Human Trafficking has a first characteristic that is responsive to the people’s and
participatory preparation and both are based on the aspirations of the people.
The Indonesian laws that organize human trafficking can be implemented through
a progress of court, a socialization to the people, and through the law enforcement
agency.

C. What Are The Obstacles of Implementing the Law?

The obstacles of implementing the human trafficking laws in Indonesia are the
unresponsive behavior of Indonesian people. Those unresponsive behaviors came from
the lack of educations, empathy and the low prosperity of Indonesian people. It’s really
difficult to implement the human trafficking laws while all these bad behaviors still exist
and untaken care of. Not only the people that needs to be aware with this crime, but also
the government themselves need to be fully aware about human trafficking. because
human trafficking is a high organized crime that many people stated conspiracy theories
about the involvement from the government in this crime. Therefore, if the government
themselves aren’t fully clean about this crime, it would be really hard to implement these
human trafficking laws.
 CHAPTER III

CONCLUSION

A. Solution of the Problems

According to the obstacles mentioned above, there are some points that we found
helpful to be the solutions to all the problems above, most importantly we need to
increase Indonesian’s people (including the government) educations by sharing the
information about human trafficking on how to acknowledge the signs of human
trafficking, how to get away from it, how to report it and many more. By increasing the
people’s educations level, we should be able to increase the prosperity of the people too.
When all Indonesian people are well educated enough to understand this crime, it will be
easier to prevent human trafficking from happening again.

B. Participation of the Citizen

Indonesians citizens can participate by increasing their level of awareness to those

around them. To be aware, Indonesian citizens must first know the signs of human
trafficking so that they are able do something. Education and empathy are what most
important to handle this crime. Because it’s still useless when we are well educated
enough but aren’t kind enough to actually do something and help the victims around
them.

REFERENCES

https://youtu.be/DWoHgIoLCPg
https://youtu.be/H0MeBhjjugE

https://www.unodc.org/unodc/en/human-trafficking/what-is-human-trafficking.html

https://media.neliti.com/media/publications/56352-ID-implementasi-undang-undang-nomor-21-
tahu.pdf

https://dergipark.org.tr/en/download/article-file/496803

https://www.antislavery.org/slavery-today/human-trafficking/

Analisis Undang-Undang No. 21 Tahun 2007 Tindak Pidana Perdagangan Orang