Nukila said human trafficking exploits humans as products. Therefore, human trafficking cases cannot be treated like other crimes. Specific measures and strategies are needed to address this crime. In 2023, based on a report from Trafficking in Persons, Indonesia is in the second tier of the human trafficking category. It means that the Indonesian Government has not fully met the minimum standards to eradicate human trafficking, even though it is making significant efforts.
Nukila revealed that the post-COVID-19 pandemic environment did not necessarily ameliorate human trafficking cases. Many more problems have risen to the surface, such as poverty, limited employment opportunities, lack of knowledge of criminal syndicates, corrupt officials and gaps in perception between law enforcement officers (the police, prosecutors and judges) regarding the laws and regulations that must be implemented. “The cases and numbers of human trafficking victims continue to increase, especially women and children,” warned Nukila.
The Indonesian Government has promulgated Law 21/2007 on Human Trafficking Crimes. However, Nukila suggests the substance of human trafficking crimes in the Law needs to be updated, particularly because the crime patterns are evolving, while victim protection is not. “The perpetrators can be the closest family, friends of the victim and syndicates. In some cases, the crimes are backed up by corrupt government officials and law enforcement. This crime has even involved corporations,” Nukila said.
According to the Palermo Protocols, the existing Human Trafficking Law needs to be supplemented with articles that better protect the victims by ensuring victim assistance and protection in terms of privacy and identity. In the physical, psychological and social recovery of human trafficking victims, the Government must collaborate with non-governmental organizations, particularly in providing safe houses, counseling, medical and psychological assistance, employment opportunities and education and training. “Including the special needs for children. The victims must receive compensation for all their losses,” added Nukila.
The Palermo Protocols regulate the country to take strategic steps that allow human trafficking victims to stay in a safe area, temporarily or permanently. Also, the returnee victims must be facilitated by ensuring their safety and providing assurance of the legal process, including those without adequate documents.
Resolving human trafficking requires a strong law to capture the perpetrators. Therefore, legislators must synchronize laws relating to trafficking in persons, such as the Immigration Law, the Child Protection Act and the Law on the Protection of Indonesian Migrant Workers.
In human trafficking cases, women and children become the most vulnerable groups facing various types of sexual violence, which must be adapted to sexual violence acts stipulated in the Sexual Violence Law. Sexual violence may come in the forms of physical sexual harassment, non-physical sexual harassment, forced contraception and sterilization, forced marriage, sexual torture, sexual slavery, electronic-based sexual violence and so on.