Trafficking in Persons Response Model Based on Women and Children's Protection Chains

Dwi Astuti Beniyati

Abstract


Trafficking in women and children continues to thrive through fake recruitment, unsafe migration, sexual exploitation, forced labor, forced marriage, and abuse of digital media. This study aims to analyze the regulation of the eradication of trafficking in persons and formulate the strengthening of the protection of women and children as victims. The research method used is normative legal research with a legislative, conceptual, and limited comparison approach to international standards. Primary legal materials include international instruments, the Law on the Eradication of Trafficking in Persons, and regulations related to victim protection. Secondary legal materials are books, journals, reports of UNODC, ILO, IOM, UNICEF, and guidelines of international institutions. The results of the discussion showed that the eradication of trafficking in persons was not enough to be placed on the criminalization of perpetrators, because women and children needed early identification, physical protection, legal assistance, medical and psychological recovery, restitution, and social reintegration. The state must link prevention, law enforcement, and victim recovery in a single chain of protection. The model can strengthen case proof, reduce the risk of revictimization, and ensure that women and children are treated as rights holders, not just as means of proof.

Keywords


Human Rights, Legal Studies

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References


Journals:

Allain, Jean. "Rantsev v Cyprus and Russia: The European Court of Human Rights and Trafficking as Slavery." Human Rights Law Review 10, no. 3 (2010).

Chuang, Janie A. "Exploitation Creep and the Unmaking of Human Trafficking Law." American Journal of International Law 108, no. 4 (2014).

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Pati, Roza. "States' Positive Obligations with Respect to Human Trafficking: The European Court of Human Rights Breaks New Ground in Rantsev v. Cyprus and Russia." Boston University International Law Journal 29 (2011).

Shamir, Hila. "A Labor Paradigm for Human Trafficking." UCLA Law Review 60, no. 1 (2012).

Books:

Clark, Jennifer Bryson, and Sasha Poucki, eds. The SAGE Handbook of Human Trafficking and Modern Day Slavery. London: SAGE Publications, 2019.

Gallagher, Anne T. The International Law of Human Trafficking. Cambridge: Cambridge University Press, 2010.

Marzuki, Peter Mahmud. Legal Research. Jakarta: Kencana, 2017.

O'Brien, Erin. Challenging the Human Trafficking Narrative: Victims, Villains, and Heroes. London: Routledge, 2018.

Regulation:

International Labour Organization, Walk Free, and International Organization for Migration. Global Estimates of Modern Slavery: Forced Labour and Forced Marriage. Geneva: ILO, 2022.

International Labour Organization. Profits and Poverty: The Economics of Forced Labour. 2nd ed. Geneva: ILO, 2024.

International Organization for Migration Indonesia. "World Day Against Trafficking in Persons 2024: Creating a Safe Migration Environment to Combat Human Trafficking." 2024.

OSCE Office for Democratic Institutions and Human Rights. National Referral Mechanisms: Joining Efforts to Protect the Rights of Trafficked Persons, A Practical Handbook. 2nd ed. Warsaw: OSCE/ODIHR, 2022.

Republic of Indonesia. Law Number 12 of 2022 concerning the Crime of Sexual Violence.

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

U.S. Department of State. 2024 Trafficking in Persons Report: Indonesia. Washington, D.C.: U.S. Department of State, 2024.

UNICEF. Guidelines on the Protection of Child Victims of Trafficking. New York: UNICEF, 2006.

UNICEF. UNICEF's Action against Child Trafficking. New York: UNICEF, 2025.

United Nations High Commissioner for Human Rights. Recommended Principles and Guidelines on Human Rights and Human Trafficking. Geneva: OHCHR, 2002.

United Nations Office on Drugs and Crime. Global Report on Trafficking in Persons 2024. Vienna: UNODC, 2024.

United Nations. Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. 2000.


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ISSN: 2986-4089