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All Journal Gema Wiralodra Yuris: Journal of Court and Justice
Susanto, Asep
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Law, Crime, Criminology & Criminal Justice Other

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NEGATIVE IMPLICATIONS OF CRIMINAL ACTION FOR FEMALE CHILD TRAFFICKING VICTIMS IN INDONESIA Hamja, Hamja; Maulana, Kodir; Susanto, Asep
YURIS: Journal of Court and Justice Vol. 2 Issue 1 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i1.220

Abstract

Girls are a group that is highly susceptible to the human trafficking crime. Even so, there were still very few researches on this crime from the victim's perspective. This research aims to identify various negative implications caused by human trafficking crime based on the victim's perspective through a victimological approach. The method used in this research is a qualitative method with a normative juridical approach. The data used in this research is primary data obtained from several informants, these are Health Extension Officer Kusuma Bongas and several victims who were survivors of human trafficking, through in-depth interviews and observations. According to the research findings, human trafficking is a serious crime that has a wide-ranging take effect across multiple sectors. In addition to social effects, human trafficking has negative legal consequences as well as it leads to various criminal offenses such as prostitution, the physical, sexual, and psychological exploitation of children, violations of labor laws, and other crimes. For the victims of this crime, there is still potential for unfairness and legal ambiguity due to the law's imperfect implementation in this subject. Therefore, it is important to improve the judiciary system, specifically the fair and strict laws against the human trafficking crime, in order to provide victims safeguards and have a deterrent impact on offenders.
Violence within women's prisons and its implications on reintegration effectiveness Hamja, Hamja; Kartini, Murtiningsih; Susanto, Asep
Gema Wiralodra Vol. 15 No. 1 (2024): Gema Wiralodra
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/gw.v15i1.251

Abstract

The involvement of women in various aspects of life, both socially and economically, has exposed the potential for criminal behaviour among women. This situation has led to the phenomenon of women's involvement in criminal acts commonly associated with men, such as robbery, murder, organized crime, and human trafficking. Poor social and economic conditions tend to be triggering factors and solid reasons for women to engage in criminal activities. This background has become the basis for the increasing number of women in prison in Indonesia, opening the possibility of various forms of violence within women's prisons. This presents a significant challenge for the management of women's prisons in optimizing the reintegration system due to the escalation of significant demotivation resulting from the violence experienced by female inmates, both among themselves and with prison staff. This research employs an exploratory qualitative approach, focusing on women involved in criminal cases and sentenced to prison. Primary data from interview results are descriptively analysed, producing a comprehensive, authentic, and representative narrative. The findings of this study indicate that the concept of punishment in Indonesia still emphasizes punitive functions over corrective functions, where both physical and mental violence are considered effective forms of punishment, especially for women. Violence occurring within women's prisons is then negatively responded to and becomes a driving factor for the decreased interest of female inmates in succeeding in the reintegration program. This reluctance then triggers a negative response from the staff in the form of violence against female inmates. A solution to mitigate violence in women's prisons is the placement in open prisons, with the involvement of independent external parties in both the supervision process and the implementation of reintegration programs to achieve an inclusive and constructive effect for all parties involved.
Co-Authors Hamja, Hamja Kartini, Murtiningsih Maulana, Kodir