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Patologi Sosial Prostitusi Anak Dan Perdagangan Manusia: Kajian Patologi Sosial Dalam Perspektif Hak Asasi Manusia Aurellya Ramadhani Syainda Putri; Khansa Athaya Nurulkamila; Khinalya Farradiba Syahnaz; Tasya Amanda Putri; Wevy Efticha Sary
Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan Vol. 2 No. 1 (2025): Oktober - Desember
Publisher : GLOBAL SCIENTS PUBLISHER

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Abstract

Child prostitution tied to human trafficking stands out as one of the gravest and most intricate social issues plaguing Indonesia. It highlights the extreme susceptibility of children to sexual abuse while revealing underlying societal flaws, such as widespread poverty, inadequate educational opportunities, crumbling family units, and the decline of ethical and communal standards. As outlined in the document, this exploitation occurs via multiple methods, including luring victims with deceptive job offers, transporting them between locations, abusing them in local brothels or entertainment spots, and newer trends like online solicitation via social media and secure digital channels. These operations typically involve coordinated groups of recruiters, middlemen, exploiters, and clients. Viewed through a human rights lens, child prostitution is a serious infringement on children's basic dignity and rights, as protected by the Convention on the Rights of the Child (CRC), Indonesia's Child Protection Law, and the Anti-Human Trafficking Law. Affected children are deprived of safeguards, schooling, healthcare, safety, and the chance to mature normally. The discussion stresses the government's duty to uphold, safeguard, and ensure these rights, yet execution is hindered by ineffective policing, poor collaboration among agencies, and insufficient support for victim recovery and reintegration. The study determines that child prostitution within human trafficking reflects a breakdown in societal structures and shortcomings in child welfare systems. Consequently, a comprehensive strategy is imperative, combining prevention via education and financial support, rigorous prosecution of trafficking rings, and thorough rehabilitation for survivors. Reinforcing compassionate principles and widespread societal consciousness is crucial to ending the cycle of abuse and securing complete rights-based protection for children.
Seizure As A Coercive Measure In A Comparison Of Criminal Procedural Law Between Indonesia And France Salwa Aulia; Wevy Efticha Sary
University Of Bengkulu Law Journal Vol. 10 No. 2 (2025): October
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.v10i2.46708

Abstract

Seizure is a form of coercive measure in criminal procedure law that inherently restricts constitutional rights, particularly the right to property and protection against arbitrary actions by law enforcement officials. Changes to criminal procedure law regulations in Indonesia through the New Criminal Procedure Code mark a fundamental reform of the investigation mechanism, including regulations on seizure. However, these normative reforms need to be critically examined to assess the extent to which the new regulations are able to guarantee due process of law and prevent abuse of authority. This article aims to analyze the provisions on seizure in the New Indonesian Criminal Procedure Code by comparing them with the seizure system in the French Code de procédure pénale as a representation of an established civil law system. This study uses a normative juridical method with a legislative, conceptual, and comparative legal approach. The results show that the New Criminal Procedure Code has strengthened the normative basis for seizure by confirming the objectives, objects, and procedures for seizure, but still leaves broad discretion to investigators. In contrast, French criminal procedure law places strong judicial control through a mechanism of judicial authorization and procedural guarantees for suspects and third parties. This comparison emphasizes the importance of strengthening judicial oversight and limiting the authority of investigators in the seizure system in Indonesia. This article contributes by formulating normative implications and offering a reconstruction of seizure regulations in the New Criminal Procedure Code that is oriented towards the protection of human rights, legal certainty, and the principle of proportionality in criminal procedure law.
A Juridical Analysis of Human Trafficking as a Transnational Crime from the Perspective of International Criminal Law and Its Implementation in Indonesia Jeli Yanti; Wevy Efticha Sary
The Future of Education Journal Vol 5 No 2 (2026)
Publisher : Lembaga Penerbitan dan Publikasi Ilmiah Yayasan Pendidikan Tumpuan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61445/tofedu.v5i2.1742

Abstract

Human trafficking constitutes one of the most serious and systematic forms of transnational crime in the era of globalization. Indonesia, as a country of origin, transit, and destination for human trafficking, faces complex challenges in enforcing international criminal law. This study aims to normatively analyze the legal position of human trafficking as a transnational crime from the perspective of international criminal law, while evaluating the effectiveness of the implementation of Law Number 21 of 2007 on the Eradication of the Crime of Trafficking in Persons in Indonesia. Employing a statute approach and a conceptual approach, this study finds a significant gap between international legal norms as stipulated in the Palermo Protocol 2000 and Indonesia's domestic regulations, particularly regarding the definition of victims, recovery mechanisms, and inter-agency coordination. The novelty of this research lies in the identification of three structural weaknesses in the implementation of the Anti-Trafficking Law: (1) normative ambiguity in defining exploitation; (2) weak restitution and compensation mechanisms for victims; and (3) institutional misalignment between central and regional Anti-Trafficking Task Forces. This study recommends a partial revision of the Anti-Trafficking Law and strengthening of vertical-horizontal coordination among law enforcement agencies.