INDONESIAN; USE A CAPITAL PUNISHMENT FOR ANTI TRAFFICKING CRIME

CHAPTER I-INTRODUCTION

Background of the Study Indonesia is a source, transit, and destination country for women, children, and men trafficked for the purposes of commercial sexual exploitation and forced labor. The greatest threat of trafficking facing Indonesian men and women is that posed by conditions of forced labor and debt bondage in more developed Asian countries and the Middle East. The government stopped permitting Indonesian women to travel to Japan and South Korea as “cultural performers,” to curtail a practice that led to victims being trafficked for commercial sexual exploitation. However, in 2007 traffickers increasingly used false documents, including passports, to obtain tourist visas for women and girls who are subsequently forced into prostitution in Japan, through the unlawful exploitation of recruitment debts as high as $20,000 each. Trafficking of young girls to Taiwan as brides, mainly from West Kalimantan, persisted. Traffickers use false marriage licenses and other false documentation in order to obtain visas and subsequently force the women and girls into prostitution. Women from the People’s Republic of China, Thailand, and Eastern Europe are trafficked to Indonesia for commercial sexual exploitation, although the numbers are small compared with the number of Indonesians trafficked for this purpose. The Government of Indonesia does not fully comply with the minimum standards for the elimination of human trafficking; however, it is making significant efforts to do so. While the government made clear progress in bringing sex trafficking offenders to justice, in part through use of its new anti-trafficking law, a pronounced weakness shown was the failure to curb the large-scale trafficking practices of licensed and unlicensed Indonesian labor agencies. Indonesia has the region’s largest trafficking problem, with hundreds of thousands of trafficking victims, and has a largely unchecked problem of trafficking-related complicity by public officials

Statement Of The Problem
The study aim to find out if how Indonesian Use A Capital Punishment For Anti Trafficking Crime.

Significance Of The Study
The study will help the readers to become aware on how Indonesian use capital punishment for anti trafficking.

Scope And Limitation
The purpose of this study is to find out if capital punishment can really affect the growth crime in a country if it will be applied.

Definition Of Terms
Capital Punishment- the death penalty, or execution is the sentence of death upon a person by judicial process as a punishment for an offence.
Human trafficking- is the illegal trade of human beings for the purposes of reproductive slavery, commercial sexual exploitation, forced labor, or a modern-day form of slavery.
Drug trafficking- also called illegal drug trade is a global black market, dedicated to cultivation, manufacture, distribution and sale of those substances which are subject to drug prohibition laws. Most jurisdictions prohibit trade, except under license, of many types of drugs by drug prohibition laws.

CHAPTER II-Review Of Related Literature A significant number of Indonesian men and women who migrate overseas each year to work in the construction, agriculture, manufacturing, and domestic service sectors are subjected to conditions of forced labor or debt bondage in Malaysia, Japan, Saudi Arabia, Iraq, Singapore,Taiwan, HongKong,UnitedArabEmirates, Jordan, Kuwait, Qatar, Syria, France, Belgium, Germany, and the Netherlands. Malaysia and Saudi Arabia are the top destinations for legal and illegal Indonesian migrant workers who are trafficked for domestic servitude, commercial sexual exploitation, and forced labor. Some labor recruitment companies, known as PJTKIs, operated similarly to trafficking rings, luring both male and female workers into debt bondage, involuntary servitude, and other trafficking situations. Some workers, often women intending to migrate, entered trafficking and trafficking-like situations during their attempt to find work abroad through licensed and unlicensed PJTKIs. These labor recruiters charged workers high commission fees—up to $3,000—which are not regulated under Indonesian law and often require workers to incur debt to pay, leaving them vulnerable in some instances to situations of debt bondage. PJTKIs also reportedly withheld the documents of some workers, and confined them in holding centers, sometimes for periods of many months. Some PJTKIs also used threats of violence to maintain control over prospective migrant workers. Recruitment agencies routinely falsified birth dates, including for children, in order to apply for passports and migrant worker documents. Internal trafficking is a significant problem in Indonesia with women and children exploited in domestic servitude, commercial sexual exploitation, rural agriculture, mining, fishing, and cottage industries. Women and girls are trafficked into commercial sexual exploitation in Malaysia, Singapore, and throughout Indonesia. Indonesians are recruited with offers of jobs in restaurants, factories, or as domestics and then forced into the sex trade. Young women and girls are trafficked throughout Indonesia and via the RiauIslands, Kalimantan,and Sulawesi to Malaysiaand Singapore.Malaysians,and Singaporeans constitute the largest number of sex tourists, and the Riau Islands and surrounding areas operate a “prostitution economy,” according to local officials. Sex tourism is rampant in most urban areas and tourist destinations. A 2006 bilateral MOU between theIndonesian and Malaysian governments, governing the employment of an estimated one millionIndonesian domestic workers in Malaysia, failed to provide adequate protection to Indonesian migrant workers and explicitly endorsed a practice that is widely seen as a potential facilitator of forced labor—the right of Malaysian employers to hold the passports of Indonesian workers. This agreement has not been amended to offer protections from forced labor conditions.Capital punishment is the lawful infliction of death as a punishment and since ancient times it has been used for a wide variety of offences. The Bible prescribes death for murder and many other crimes including kidnapping and witchcraft. By 1500 in England, only major felonies carried the death penalty - treason, murder, larceny, burglary, rape, and arson. From 1723, under the “Waltham Black Acts”, Parliament enacted many new capital offences and this led to an increase in the number of people being put to death each year. In the 100 years from 1740 - 1839 there were a total of up to 8753 civilian executions in England & Wales, the peak year was 1785 with 307 as transportation was not an option due to the American War of Independence. Remember that the population in 1800 was just 9 million.Reform of the death penalty began in Europe by the 1750’s and was championed by academics such as the Italian jurist, Cesare Beccaria, the French philosopher, Voltaire, and the English law reformers, Jeremy Bentham and Samuel Romilly. They argued that the death penalty was needlessly cruel, over-rated as a deterrent and occasionally imposed in fatal error. Along with Quaker leaders and other social reformers, they defended life imprisonment as a more rational alternative.By the 1850’s, these reform efforts began to bear fruit. Venezuela (1853) and Portugal (1867) were the first nations to abolish the death penalty altogether. In the United States, Michigan was the first state to abolish it for murder in 1847. Today, it is virtually abolished in all of Western Europe and most of Latin America.
Regional trends of children’s work

The graphs 1 and 2 clearly depict the gravity of the child labour situation in the world. Approximately, 40 per cent of all working children in the age group 5-17 years and 5-14 years are engaged in the most hazardous forms of child labour that is detrimental to their physical and mental wellbeing. Further, one in three child labourers are in hazardous occupations.
El Salvador, Nepal, and the United Republic of Tanzania were the first three countries to implement Time Bound Programmes for the elimination of child labour. Three other countries, the Dominican Republic, Costa Rica, and the Philippines, started implementation during 2002-03. Several additional countries have since begun the process, including: Bangladesh, Brazil, Cambodia, Ecuador, Ghana, Indonesia, Kenya, Lebanon, Madagascar, Mongolia, Pakistan, Senegal, South Africa, Turkey, and Yemen. More than 30 ILO member countries have already set time bound targets to abolish the worst forms of child labour.

CHAPTER III- SUMMARY, CONCLUSION,RECOMMENDATION

SUMMARY

The commitment of the Indonesian government in handling human trafficking is still considered to be low. This can be seen from the amount of human trafficking victims that keep increasing every year. As a result, Indonesia is threatened to be listed in Tier 3 by the US Department of State as a country that fails to handle human trafficking. The US Department of State, which focuses on human trafficking, rates a country as Tier 1 if it is considered as being capable of fighting trafficking. The Tier 2 rating is given to a country that is committed to eradicate trafficking, while the Tier 2 Watch List is for countries with low commitment, and Tier 3 is for a country having a really poor commitment to handling trafficking. The worst rankings have been given to Saudi Arabia, Iran, Laos, South Korea and Uzbekistan. According to Wahyu Susilo, Policy Analyst of Migrant Care, there were no improvements that Indonesia achieved during the last two years in wiping out human trafficking. Therefore, the capital punishment lessen the rate of trafficking in Indonesia.

Conclusion
Therefor I conclude than the use of anti trafficking is lessen by the implemented of the capital punishment. As shown in the graph in the summary that most anti trafficking happens to the young . The because of this rule got implemented human trafficking lessen in Indonesia.

Recommendations 1.) A comparative analysis between the effectiveness of capital punishment if this implemented in asia if this can help asia lessen trafficking. 2.) A thorough study of Capital Punishment for prevention of trafficking.

References http://www.globalmarch.org/campaigns/keepyourpromises/background_note.php http://www.capitalpunishmentuk.org/thoughts.html http://www.google.com.ph/ http://en.wikipedia.org/wiki/Capital_punishment
http://www.humantrafficking.org/countries/indonesia