India has the second most populous population in the world, surpassing Indonesia, which is in the fourth position. The two countries certainly face various problems that are almost the same, one of which is related to human trafficking. This was later discussed in the Virtual Joint Lecture with the theme “Modern Slavery and Human Trafficking”. The activity was held on Friday, 4 November 2022, presented three experts to discuss from the perspective of their respective countries, namely Riza Alifianto Kurniawan, S.H., MTCP, and Amira Paripurna, S.H., LL.M., Ph.D. from the Faculty of Law, Airlangga University and Prof. (Dr.). Shruti Bedi from the Institute of Legal Studies, Panjab University.
Amira Paripurna, S.H., LL.M., Ph.D. delivered the lecture from Indonesia’s perspective. She explained that human trafficking in Indonesia is a serious problem. There are at least two million of the six to eight million Indonesian migrant workers, most of whom are women, who do not have complete documents, thereby increasing the risk of trafficking in persons. Most of these workers are in various countries such as Singapore, Malaysia, Hong Kong, and other Middle Eastern countries, usually engaged in plantations, domestic workers, manufacturing, construction, fisheries, and many more. Some of the actions that are usually felt when human trafficking occurs, such as excessive working hours, lack of formal documents, and non-standard wages. Victims of trafficking in persons themselves can vary from men to women to children. From an international point of view, Indonesia itself is seen as unable to meet the standards of protection for victims of trafficking in persons but is working on it.
Even so, she then also reminded that human trafficking is different from people smuggling. Trafficking in persons is categorized as a crime against people to exploit them without crossing a country’s borders and being carried out by force. Meanwhile, smuggling is classified as a crime against national borders on a transportation basis, requiring voluntary border crossing. Juridically, Indonesia already has Law Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons and has ratified the Protocol To Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing The United Nations Convention Against Transnational Organized Crime. According to her, these legal provisions are good enough because they protect victims in an integrated manner, including medical rehabilitation, social rehabilitation, legal assistance, and much more. However, these provisions are still considered, but there are several notes, such as being less coherent with international legal provisions and lacking consistency in their application.
The second session lecture was delivered by Prof. (Dr.). Shruti Bedi from an Indian perspective. She explained that at least four concepts are known in Indian law. First, slavery is the use of ownership power over someone. Second, servitude is coercion to provide services using violence. Third, forced labor is work or service required of someone under threat of punishment. Fourth, trafficking in persons is an act of arranging or facilitating the travel of other people to exploit them.
India also has various juridical instruments in dealing with trafficking in persons. Even the Indian constitution, as the highest law, provides arrangements through Articles 23 and 24 concerning protection against exploitation and prohibiting trafficking of persons, especially children who are not yet 14 years old. The same arrangement can also be found in the Indian Penal Code sections 366A, 366B, and 374 by providing significant criminal sanctions. Other similar provisions can also be found in various legal clauses such as the Immoral Traffic (Prevention) Act 1956, Child Labor (Prohibition and Regulation) Act 1986, Information Technology Act 2000, and Juvenile Justice (Care and Protection of Children) Act 2000. In conclusion, she stated that Indonesia and India have a lot in common, so interactions like this are expected to be re-established more intensely to respond and seek joint solutions to legal problems that arise in trafficking cases.
