PREVENTION HUMAN TRAFFICKING THROUGH COMMUNITY WATCH

This study aims to first determine the factors driving community involvement in Community Watch Human Trafficking and knowing the role of Community Watch Human Trafficking in the aspect of preventing human trafficking. The results of the study are as follows. First, the factors driving community involvement in CW-PO are: legal awareness of the dangers of trafficking in persons and their impacts; the experiences of family members and neighbors who have been victims of the Human Trafficking criminal act; accustomed to volunteering; There are joint concerns because there is an Indonesian Manpower Services Company and field workers who are tasked with recruiting prospective migrant workers from the village. Secondly, the role of Community Watch Human Trafficking in the prevention aspect of yatru: To collect data on migrating citizens; increasing public understanding of Human Trafficking criminal act; economic empowerment; advocating for village government to allocate village funds to open businesses; accompany former migrant workers who have returned to the village but have problems; carry out monitoring in the village.

have moved to look for work outside the Nusa Tenggara Timur within ten (10) years, and even go abroad. 2 In terms of policy, the Nusa Tenggara Timur Provincial Government also supports citizens to work abroad. The Nusa Tenggara Timur Provincial Government has also attempted to expand job opportunities by placing Indonesian Migrant Workers (IMW) abroad. 3 For example, in the period 2011-2014, 27,669 IMWs were placed abroad. The placement data per year can be detailed as follows: in 2011 there were 10,725 people, in 2012 there were 8,753 people, in 2013 there were 5,308 people, and in 2014 there were 2,883 people. The data above shows a decrease in the placement of IMW originating from Nusa Tenggara Timur abroad. 4 However, nationally, the Ministry of Manpower and Transmigration of the Republic of Indonesia in January-June 2014 has placed Nusa Tenggara Timur in the 11th position in placing the most IMWs abroad.
The placement of IMW by the Nusa Tenggara Timur Provincial Government generally comes from rural areas and has low education with the quality of domestic worker (informal) workers, and many problems that tend to increase from year to year. Problems that are often faced by IMW abroad such as unilateral layoffs, problematic employers, work-related illness, persecution, sexual harassment, congenital illness, unpaid wages, incomplete documents, work not in accordance with work agreements, depression, poor communication, and inability to work.
In addition to the general problems faced by IMW, there are also illegal IMW problems which are estimated to be much larger than the number sent legally. Research from the Institute of Resource Governance and Social Change (IGRSC), on trafficking in persons, in 2014 and 2015 there were 1073 cases of human trafficking in the Nusa Tenggara Timur region. Women are the group most vulnerable to becoming victims of trafficking in persons compared to men. Sending illegal workers with strong indications of being the mode of the criminal act of human trafficking or human trafficking makes this problem even more difficult to detect. It is like the "iceberg" phenomenon, because the actual data on human trafficking is much larger than the data reported.
As previously explained, rural areas in East Nusa Tenggara are one of the main targets in IMW recruitment. Rural areas are targeted because of the lack of employment opportunities, limited access to information. Limited access to information means that many villagers do not have information on the correct procedures for working abroad. They are usually tempted by the promise of a large income working abroad. In addition, recruiters are people they know, such as family or local village officials, so they trust them. The village has become fertile ground for recruiting IMW candidates.
The non-governmental organization (NGO) working in the Kupang district, one of its programs is the prevention and handling of trafficking in persons. This program was chosen to work on because Kupang Regency is one of the areas where a large number of people migrate abroad as PMI and are vulnerable to becoming victims of trafficking in persons. One of the program strategies is the establishment of Community Watch for Prevention and Trafficking in Persons (community monitoring groups). The establishment of Community Watch in the village aims to increase community active participation in efforts to prevent and deal with trafficking in persons. Three of the villages assisted by Rumah Perempuan will be the research areas. The research will focus on community participation in the prevention of the crime of trafficking in persons.
There have been several previous studies related to the prevention of trafficking in persons. 5 Research in North Sumatra Province. In order to prevent the Crime of Trafficking in Persons, the government established the Center for Integrated Services for the Empowerment of Women and Children (here and hereafter referred to as P2TP2A). P2TP2A members consist of representatives from NGOs, government, religious leaders and community leaders. The government also established a Task Force for the Prevention of the Crime of Trafficking in Persons 6 The task force consists of 17 Regional Government Organizations (hereinafter referred to as OPD). OPD have a role to prevent through cross-OPD coordination. Prevention carried out by the Task Force and P2TP2A through socialization and discussion with the wider community. 7 Research conducted by Suryana Lubis 8 , The North Sumatra government has made efforts to prevent the criminal act of trafficking in persons through the Task Force. Members of the task force are the Regional Government Organization. The government formed a Task Force through Regional Regulation Number 6 of 2004 concerning the Elimination of Trafficking in Women and Children. The role of the Task Force in preventing the Crime of Trafficking in Persons in the form of socialization. The goal is to increase public awareness regarding the dangers of human trafficking criminal act and safe migration.
Another form of human trafficking criminal act prevention involves involving NGOs and religious institutions. This model was adopted by the government and religious institutions Nahdatul Ulama (NU). Prevention through socialization, training, economic improvement. NU even issued a fatwa that exposes exploitation, trafficking in persons 9 .
The three studies above, show that various efforts have been made to prevent trafficking in persons. Efforts made were initiated by the Government, NGOs and Religious Institutions. The study also describes the efforts made for prevention which include socialization, training and community economic empowerment. The study has not captured the role of community groups at the grassroots, through a community-based monitoring strategy or Community Watch. This study is focused on two things. The first analyzes the factors encouraging community participation in the Community Watch for Trafficking in Persons organization (CW-PO). Second, to analyze the role of CW-PO in preventing human trafficking criminal act. Two research focuses are important because they will expand IMW's access to information and equity. This research is an empirical study to see how the law works in society. Primary data was collected through interviews and focused discussions with parties related to the research to find driving factors and the role of the community in preventing human trafficking criminal act. The data obtained will be analyzed qualitatively.

B. RESEARCH METHODS
The type of approach in this writing is sociological juridical, which is a legal approach that sees legal issues not only in normative legal issues but also in sociological and philosophical issues in law. The specifications of this study indicate a descriptive study, which is a study conducted by describing the facts that exist or the activities carried out by the object under study. Descriptive research is one type of research whose aim is to present a complete picture of a social reality phenomenon, clearly describing a number of variables with the problem under study

C. RESULT AND DISCUSSION 1.THE CONCEPT OF PERSONNEL TRADING IN INDONESIA'S LAW
In the development of today's world, Indonesia is included as a developing country, thus it experiences a problem of population. Every year the population is significantly increase in Indonesia, so it is very influential on the addition of manpower. Besides, what happened in Indonesia economic growth is still weak and its prospect is not yet clear, to what point our county will become? Although the data show economic growth of 5.8% per year, it is actually supported mainly by household consumption, which in the long term cannot be expected to grow higher, especially the government budget cannot be expected much because of the huge burden of government debt. 10 The issue of trafficking in persons was first raised in 2000, when the General Assembly of the United Nations used a protocol to prevent, suppress and punish trafficking in persons, especially women and children, which became known as the "Palermo Protocol". 11 This protocol is an agreement which is a binding legal instrument and creates an obligation for all countries which ratify it or accede to it. The definition of trafficking in persons according to the Palermo Protocol is contained in Article 3 which is formulated: Trafficking in persons carried out by another person, means recruitment, delivery to one place, transfer, holding or receiving through threats, or other coercion by means of violence, kidnapping, fraud, persecution, sale. , or the act of leasing for certain benefits or payments for the purpose of exploitation. Exploitation includes at least exploitation through prostitution, through other forms of sexual exploitation, through slavery, through, slavery-like practices, through servitude or through the removal of organs. 12 In Indonesia, human trafficking is regulated in Law Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons (here in after abbreviated as Act of human trafficking). The definition of trafficking in persons, namely: "the act of recruiting, transporting, holding, sending, transferring, or accepting someone with threats of violence, use of force, kidnapping, imprisonment, forgery, fraud, abuse of power or vulnerable position, bondage or giving payment or benefits, so as to obtain consent from the person who has control over the other person, whether done within the country or between countries, for the purpose of exploitation or causing the person to be exploited" The word "Exploitation" in Article 1 of the Law on human trafficking criminal act is separated from "Sexual Exploitation" which is then explained as follows: "Exploitation is an act with or without the consent of the victim which includes but is not limited to prostitution, forced labor or service, slavery or slavery-like practices, oppression, extortion, exploitation of physical, sexual, reproductive organs, or illegally removing or transplanting organs and / or body tissues or utilizing one's energy or abilities by another party to gain both material and immaterial benefits " Sexual From the above definition it can be concluded that the elements of trafficking in persons are as follows: 1) The existence of an action or action, such as recruitment, transportation, transfer, placement and acceptance of persons. 2) Conducted by means of, using threats or the use of force or other forms of coercion, kidnapping, trickery, abuse of power, giving or receiving payments / benefits to obtain approval. 3) There is a purpose and purpose, namely for the purpose of exploitation in order to benefit from that person.  (56) paragraph (60). This article affirms: 1) Obligations of the Government, Local Government, communities and families in preventing human trafficking criminal act 2) The obligations of the Government and Local Governments to formulate policies, programs, activities and allocate budgets to carry out prevention and handling of trafficking in persons.

2.COMMUNITY
3) The obligation of the Government and Local Government to take steps to prevent and handle human trafficking criminal act 4) the government forms a task force consisting of representatives from the government, law enforcement, community organizations, nongovernmental organizations, professional organizations, and researchers/ academics 5) In human trafficking criminal act prevention efforts, the community is expected to help and participate. The government has also issued Regulation of the Minister of Women Empowerment and Child Protection of the Republic of Indonesia Number 11 of 2012 concerning Guidelines for the Prevention and Handling of the Crime of Trafficking in Persons Based on Community and Community.
In order to open the widest possible access to community participation related to human trafficking criminal act prevention, the community-based approach to human trafficking criminal act prevention (Community Based Approach) is something that is rational and relevant. Prevention of human trafficking criminal act with a community-based approach (Community Based Approach) can be understood as all efforts made through education and community empowerment in preventing the occurrence of human trafficking criminal act. One of the models developed in a community-based approach is the formation of a community monitoring group or what is called Communty Base Monitoring or some call it Community Watch. 14 Community Watch for the prevention of human trafficking criminal act, abbreviated as CW-PO is a community-based organization whose members are people who care and are willing to work voluntarily on the issue of trafficking in persons. CW-PO was formed in ten villages in Kupang Regency. Three of them are in Baumata Barat Village Taebenu District, Noelbaki Village, Central Kupang District and Nunsaen Village, Central Fatuleu District. These three villages are the research areas. All of these villages are located in Kupang Regency.
The formation of CW-TPPO was initiated by Rumah Perempuan Kupang and the Ministry of Women's Empowerment of the Republic of Indonesia in the field of Fulfilling Women's Rights and Empowerment. This initiative was born from the situation of trafficking in persons that is rife in East Nusa Tenggara, where women and children are a group that is vulnerable to becoming victims. The selection of these three villages was because previously Rumah Perempuan had formed women's groups in the three villages. Another consideration was that there were cases of human trafficking criminal act from these three villages that were assisted by Rumah Perempuan.
Rumah Perempuan is a women's non-governmental organization (NGO) based in Kupang Regency. Rumah Perempuan was established in 2000. Rumah Perempuan focuses on assisting violence against women and children, women's economic empowerment and assisting trafficking in persons. One of the work programs of Rumah Perempuan is the development of community groups to prevent the problem of trafficking in persons. The initiative to establish CW-PO by Rumah Perempuan and the Ministry of Women's Empowerment was welcomed by the village government because there are residents from their villages who are currently working abroad and some have returned.
Rumah Perempuan together with the Village Government then formed the CW-PO. Formation of CW-PO through Village Head Decree (SK). The board and members of CW-PO come from various backgrounds such as teachers, RT heads, RW heads, religious leaders (priests, church boards), PKK cadres, Posyiandu cadres as well as members of women's forums in the village. In addition to background representation, CW PO management and members come from representatives of each hamlet. When viewed from the management structure of the CW-PO, the majority of the board members are women. This illustrates that the village PREVENTION HUMAN TRAFFICKING Jurnal Pembaharuan Hukum THROUGH COMMUNITY WATCH Volume 7 No.1 Januari -April 2020 Juliana S.Ndolu, Helsina F.I Pello government provides space for women to organize and participate in development.

3.FACTORS THAT DRIVING FOR COMMUNITY PARTICIPATION THROUGH COMMUNITY WATCH (CW) FOR TIP PREVENTION
Community participation in preventing human trafficking criminal act is a form of concern and is carried out voluntarily without payment. It is very important for us to know the factors driving CW human trafficking criminal act to participate in efforts to prevent human trafficking criminal act.
The Hierarchy of Needs theory put forward by Abraham Maslow states that every human being has five basic needs, 15 that is: 1) Physiological needs, which are the most basic needs in humans. Among others; fulfillment of oxygen needs and exchange of gas, 2) fluids (drinks), nutrition (food), elimination, rest and sleep, activity, body temperature balance, and sexuality. 3) The need for security and protection, is divided into physical protection and psychological protection. 4) The need for love, namely the need to have and belong, to give and receive love, warmth, friendship, and kinship. 5) Self-actualization, namely the need for selfesteem and feelings of being valued by others as well as recognition from others. The lowest hierarchy is the physiological need for the highest hierarchy is self-actualization. This theory is the basis for understanding the motivation that drives the community to participate through CW human trafficking criminal act.
From a legal perspective, Sudikno Mertokusumo argues that legal awareness means awareness of what we should not do or deeds, especially to others. 16 This means awareness of our respective obligations to others. Mertokusumo emphasized that legal awareness is one of the factors encouraging a person or group to take action which is interpreted as an obligation for the good of others.
The results of the analysis of the data collected, the factors driving CW human trafficking criminal act choosing to work voluntarily in human trafficking criminal act prevention, namely: a. There is legal awareness of the dangers of trafficking in persons and its impacts. All CW human trafficking criminal act administrators, village heads interviewed stated that they were willing to work voluntarily after receiving information about the dangers of trafficking in persons. Information about human trafficking criminal act is obtained from Rumah Perempuan through training and socialization.
Another thing is because they see children who drop out of school and are not properly cared for because their parents work as migrant workers abroad. Another thing is that there are residents who have returned from abroad dead, seriously ill and have become disabled because they have experienced acts of violence. b. Experience in the family, where there are family members and neighbors who have been victims of the criminal act of trafficking in persons. This experience is in three villages. One of the CW human trafficking criminal act officials said that two of his cousins went to work abroad. Upon their return from abroad, both of them experienced depression and mental illness. They stated that they did not want events like this to happen again in their families and communities around the village. This is in line with what Moslow argues that people's motivation to take action is due to human needs related to social relations. Social relations are meant to be kinship and friendship relations. The depressive events experienced by loved ones in the family have moved them to take a stake in preventing trafficking c. Accustomed to volunteering in the community. Those who served as CW human trafficking criminal act administrators had previously devoted themselves to voluntary work such as posyiandu cadres, church boards, RT heads, RW heads. For them, volunteering is a form of self-actualization to contribute positively and meaningfully to others. As stated by a member of CW human trafficking criminal act Nunsaen that "our work is not paid, but we still work to prevent human trafficking. Before joining CW human trafficking criminal act, I had been a posyiandu cadre for 15 years. What they do because they want to actualize themselves because they want to contribute to other people in the environment where they live. d. In Noelbaki village there is an Indonesian Manpower Service Company.
In almost all villages, there are field workers from the Indonesian Manpower Service Company who are tasked with recruiting migrant workers from the village. The community does not know whether the Indonesian Manpower Service Company and field officers are legal or not. This situation prompted us to enter into CW human trafficking criminal act so that we can inform residents of safe immigration procedures. This statement reflects the legal awareness of the public about the dangers of trafficking in persons and physical and psychological desires. The driving factors for community participation in CW-TPPO listed in points 1 to 4 are in line with Moslow's theory of hierarchical needs and Sudikno Mertokusumo's concept of legal awareness. Lawrence M Friedman divides the legal system into three parts, namely: 17 (1) Legal Substance determines whether or not the law can be properly implemented, (2) Legal Structure, a product produced by people who are in the legal system which includes the decisions they issue, the new rules they have issued. susun (3) Legal Culture, assumes that human attitudes towards law are born through a system of beliefs, values, thoughts, and hopes that develop into one therein. 18 Continuing Friedman's theory, Clearence J Diaz Effectiveness states that law enforcement is an important need. He identified five conditions for legal effectiveness, including: 1) Easily the meaning or issue of the rules to be captured 2) The extent to which people in society know the contents of the regulations concerned 3) Efficiency and effectiveness of the mobilization of legal rules achieved by assistance: a) Administrative apparatus who are aware of their obligation to involve themselves in such mobilization efforts b) Community members who feel involved and feel they have to participate in the legal mobilization process 4) There is a dispute resolution mechanism that not only has to be easily contacted and accessed by every citizen society, however, it must also be quite effective in resolving disputes and 5) there is an equal opinion among the community that legal rules and institutions are indeed capable and effective.

4.THE ROLE OF COMMUNITY IN PREVENTION OF TRAFFICKING OF PERSONS
Referring to the opinion of Clearence Diaz, one of the important components as a prerequisite for the effective enforcement of the Criminal Act on Trafficking in persons is an element of society. The community must understand the issue or substance of the Criminal Act of Trafficking in Persons, the community must participate in the prevention and handling of human trafficking criminal act.
In the Regulation of the Minister of Women Empowerment and Child Protection of the Republic of Indonesia Number 11 of 2012 concerning Guidelines for the Prevention and Handling of Community and Community-Based Trafficking in Persons, it is explained that prevention is all efforts made through education and empowerment of the community and community in preventing the crime of trafficking in persons. CW-PO is a form of community participation for OD prevention. Below is a description of the role of CW-PO in preventing trafficking in persons in the three villages that were research locations: a. Collecting data on village residents who have migrated. Data collection to obtain data on residents who are temporarily working outside the province, as well as abroad, residents who have returned to their villages, the problems they experienced when they migrated. Data collection was carried out because the village government did not yet have data on residents who had migrated. Through data collection, it is hoped that it will increase the awareness of the village government about the importance of good village administration records and concern for the issue of trafficking in persons. b. Increase public understanding of trafficking in persons such as the form, means, goals and dangers of trafficking in persons. Increasing public understanding is carried out, among others, through socialization. Socialization is carried out through various existing platforms in the community, such as village meetings, religious events (household worship). c. Other information provided in the socialization, namely safe migration includes stages, the process of safe migration so that people who migrate can avoid the traps of trafficking in persons. d. Conducting economic empowerment to increase community income.
Economic financing is adjusted to the potential that exists in each village. Economic empowerment, such as training to improve skills in post-harvest processing, raising pigs, processing used goods for sale, sewing and weaving. In the implementation of economic empowerment, CW human trafficking is accompanied by Rumah Perempuan. Rumah Perempuan usually facilitates bringing in trainers to train residents. e. Advocating for the village government to allocate village funds to improve the skills of residents so that there are business fields and jobs for villagers. The creation of work fields in the village through village funds is very important. In an interview with the village head, a member of CW human trafficking criminal act, Rumah Perempuan, the same thing was conveyed that the absence of employment in the village was the main reason for residents to migrate. f. Accompany former migrant workers who have returned to the village but have problems due to unpaid wages, experience violence, have health problems and so on. CW human trafficking criminal act usually accompanies the family to report problems experienced to Rumah Perempuan so that they can be followed up. Referring to the role of CW-PO and the results achieved by CW-PO are in line with the concept offered by Friedman and Diaz regarding the importance of community participation in efforts to change the legal culture for a better, in order to encourage legal effectiveness.

D. CONCLUSSION
First, the driving factors for community involvement in CW-TPPO are: 1) Legal awareness of the dangers of human trafficking and its impacts. 2) Experience in the family, where there are family members and neighbors who have been victims of trafficking in persons. 3) Accustomed to doing voluntary work in the community. 4) There is an Indonesian Manpower Service Company. In almost all villages, there are field workers who are tasked with recruiting migrant workers from the village. The two roles of CW-PO in the aspect of prevention are: 1) Collecting data on residents who migrate 2) Increasing public understanding of trafficking in persons such as 3) Conducting economic empowerment to increase community income 4) Advocating village governments to allocate village funds to improve community skills so that there is a business field, 5) Accompanying former migrant workers who have returned to the village but have problems due to unpaid salaries, 6) Conducting monitoring in the village. The community, especially CW-PO members, have strong motivation to work voluntarily. This is a strong social capital, therefore the Village Government and Women's Houses must strengthen their role in organizing and mobilizing CW-POs. This is important to do because many of the group members are no longer active. Increase the role of CW -PO in carrying out their role for the prevention of TPPO because what has been done has made a positive contribution to changes in increasing public awareness about the dangers of TPPO and safe migration.