63 J.L. Pol'y & Globalization 102 (2017)
International Criminal Law Policy on the Issue of Human Trafficking Crimes

handle is hein.journals/jawpglob63 and id is 104 raw text is: 



ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)
Vol.63, 2017


       International Criminal Law Policy on the Issue of Human
                                     Trafficking Crimes

                                           Dr M  Iman  Santoso
                           Professor, Faculty of Law, Krisnadwipayana University
                   JL Danmawangsa   VII No 7 Kebayoran  Baru Jakarta Selatan - Indonesia

Abstract
The objective of study was to analyze the International Criminal Law Policy on the Issue of Human Trafficking
Crimes. The  analysis was focused on policy of International Law to human  trafficking crime. The study is
compiled with normative juridical research method with the approach of legislation, the conceptual approach and
the approach of international law. Based on the survey results was revealed that basically the concept and criteria
of International Criminal Law  Policy on the Issue of Human   Trafficking Crimes. Human   Trafficking is a
transnational crime or at least several countries, thus becoming the International Criminal Human Trafficking.
Therefore it requires the commitment of all states to tackle the human trafficking. Such a commitment must be
realized in various forms, including: international agreements, protocols, etc., on the prevention of human
trafficking.
Keywords:  International Law, Human  Trafficking, Transnational Organized Crime.

Introduction
Globalization is a process in the life of humanity toward a society that covers the entire globe. This process is
made  possible and facilitated by the lack of progress in technology, especially communication and transportation.
In a global community of humanity  that it will happen patterns of social relationships is different from before.
The  ease of moving from  one place to another, and communication  networks that reach every comer of the
shelter, there will be interaction between members and between groups of people who have a background that is
different.
In the context of such interaction, there happened a meeting or a cross between the culture (norms, values or
ethics of a society). In the next process, with the intensity of communication and interaction is high, it can create
a global community,   or in other words, there is the notion that all mankind is heading the formation of
community  associations (gemeinschaft), because mankind will live in a  global village (madjid, 1996)
     The consequences  of such a life is needed system value or a universal norm that can serve as a common
reference for all members of society with ethnic backgrounds, races, cultures and countries are different, but
does not exclude or eliminate the system of values, norms or rules (legal) prevailing in the society. System
universal values and norms  that goal is to safeguard and protect the interests of the (shared) society in all
countries. In order not to harm either the State or citizens of one country, in this position required International
scale law that regulates life among nation or state or among citizens. Law was then referred to international law.
     While  it is known today  the international community  preoccupied with  the issue of trafficking, the
trafficking. This trafficking was allegedly a syndicate of inter-State international scale. At least, this trafficking
is involving several States or citizens of several countries. Trafficking in human beings or the term Human
Trafficking is a crime that is very difficult to eradicate and touted by the international community as a
contemporary  form of slavery and a violation of human rights. This crime is constantly evolving both nationally
and internationally. While the development and advancement of technology, information, communications and
transportation, then growing also in the operation mode of the crime which is often carried out in secret and
move  outside the law.
     Human  trafficking is one of the oldest crimes in the world, since he knew the practice of slavery at the time
of the ancient country. This practice is in fact still happening in today's modem era in the 21st century, reckoned
an international crime, with the profit the 3rd largest in the world under the crime of illegal ans trading and
drug trafficking (KPAI, 2014).
     Trafficking can victimize anyone, adults and children, men and women who  are generally in vulnerable
situations and conditions. Mode is used in this crime is very diverse and also have a complicated aspects of our
work. With  the development and advancement  of technology, information, communication  and transportation,
the more developed also in the mode of operation of the crimes that are often closed and move outside the law.
Traffickers were quickly developed into transnational syndicates with a deadly way of working. Trafficking also
classified as serious crimes against humanity (Presidential Decree No. 88 of 2002 and the regulation of Indonesia
no 1 2016) that needs to be eradicated to its roots because it has caused anxiety and anxiety for the people and
country.
     Each  year, approximately eight to nine  hundred  thousand people  are trafficked across international
boundaries into conditions of forced labor or slavery (US Department of State, 2003). Although exact figures are


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Journal of Law, Policy and Globalization


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