Combating Human Trafficking and Enhancing Protection of Women and Children

Andri Wanda

Abstract


Human trafficking remains one of the most complex and pervasive forms of transnational organized crime, representing a profound violation of fundamental human rights and human dignity. Women and children constitute the most vulnerable groups due to structural inequalities, gender discrimination, poverty, and social exclusion. The rapid advancement of globalization and digital technology has further enabled traffickers to exploit victims with unprecedented efficiency. Despite the adoption of international instruments such as the Palermo Protocol, CEDAW, and CRC, as well as domestic legislation like Indonesia's Law Number 21 of 2007, substantial implementation gaps persist. These gaps stem from weak inter-agency coordination, inadequate victim identification procedures, and limited rehabilitation services. Employing a normative juridical research method, this study analyzes international legal instruments, domestic legislation, and scholarly literature to evaluate existing anti-trafficking frameworks. The findings demonstrate that effective anti-trafficking governance requires moving beyond offender-oriented criminal justice toward an integrated, victim-centered, and human rights-based approach that prioritizes the recovery, safety, and empowerment of survivors.

Keywords


Human Rights, Legal Studies

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References


Journals:

Disemadi, H. S. (2022). Lenses of Legal Research: A Descriptive Essay on Legal Research Methodologies. Journal of Judicial Review, 24(2), 289–304.

Gómez-Mera, J. M. (2017). Transnational Organized Crime and Human Trafficking in Southeast Asia. Journal of Contemporary Asia, 47(4), 604–623.

Gueraldi, M. (2013). The Organization of Human Trafficking: Perspectives from Indonesia. Theoretical Criminology, 17(4), 473–490.

Hutchinson, T., & Duncan, N. (2012). Defining and Describing What We Do: Doctrinal Legal Research. Deakin Law Review, 17(1), 83–119.

Obokata, T. (2006). Trafficking of Human Beings as a Crime against Humanity: Some Implications for the International Legal System. The International Journal of Human Rights, 10(4), 445–458.

Waisman, V. (2010). Human Trafficking: State Obligations to Protect Victims' Rights, the Current Framework and a New Due Diligence Standard. Hastings International and Comparative Law Review, 33(2), 385–430.

Books:

Gallagher, A. T. (2010). The International Law of Human Trafficking. Cambridge: Cambridge University Press.

Stoyanova, V. (2017). Human Trafficking and Slavery Reconsidered: Conceptual Limits and States' Positive Obligations in European Law. Cambridge: Cambridge University Press.

Internet:

Office of the United Nations High Commissioner for Human Rights (OHCHR). (2010). Recommended Principles and Guidelines on Human Rights and Human Trafficking. United Nations. https://www.ohchr.org/

United Nations Office on Drugs and Crime (UNODC). (2024). Global Report on Trafficking in Persons. Vienna. https://www.unodc.org/

Regulation:

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) (1979).

Convention on the Rights of the Child (CRC) (1989).

Law Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons.

Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection.

Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo Protocol) (2000).


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ISSN: 2986-4089