Setuju atau Tidak Setuju dengan Laporan ini, kita bisa menjadikannya sebagai referensi atau bahan pembanding bagi kita yang aktif untuk mencegah dan mendampingi mereka yang yang terjebak dalam Perdagangan Manusia. Memang, laporan ini hanyalah tulisan tinta diatas kertas semata, atau ketikan komputer di monitor. Namun paling tidak, laporan ini sudah berusaha membuka mata hati kita atas kejadian ini. Tidak ada yang bisa menghentikannya, karena kejahatan ini sudah seperti lingkaran yang tak berujung pangkal, selama orang orang tak bermoral dan tidak mengindahkan hak dan martabat manusia sebagai citra Allah masih ada di bumi ini.
Hanya dengan pencegahan melalui berbagai karya nyata yang bisa membantu sesama kita agar jangan sampai masuk dan terjebak dalam lingkaran tersebut.
Berikut kami sampaikan laporan tersebut :
INDONESIA (Tier 2)
Indonesia is a major source
country and to a much lesser extent a destination and transit country for
women, children, and men who are subjected to sex trafficking and forced labor.
Each of Indonesia’s 33 provinces is a source and destination of trafficking,
with the most significant source areas being the provinces of West Java,
Central Java, East Java, West Nusa Tenggara, East Nusa Tenggara, and Banten. A
significant number of Indonesian migrant workers face conditions of forced
labor and debt bondage in Asia and the Middle East, particularly Saudi Arabia,
the United Arab Emirates, Qatar, Taiwan, Singapore, Oman, and Hong Kong. The
government estimates that there are six million Indonesians working abroad.
Government officials reported there was an overall reduction in the number of
workers mistreated or found vulnerable to trafficking as a result of targeted
policies, such as a moratorium on permits to work abroad for domestic workers
to Saudi Arabia, Kuwait, Syria, and Jordan. Malaysia and Saudi Arabia remain
the leading destinations for newly departing migrant workers registered with
the Indonesian government. Some 70 percent of all overseas Indonesian workers
are female. Indonesian trafficking victims are found in all of the Gulf
countries, Malaysia, Brunei, Taiwan, Chile, New Zealand, the Philippines,
Egypt, and the United States, among others.
The government and NGOs reported
an increase in university and high school students using social media to
recruit and offer other students, including those under the age of 18, for
commercial sex. Women and girls are trafficked for commercial sexual
exploitation at mining operations in Maluku, Papua, and Jambi Provinces. There
were reports of an increasing number of children exploited in prostitution in
Batam district of the Riau Islands province and children from North Sulawesi
province being exploited in prostitution in West Papua province. Some women
from Uzbekistan and Colombia are subjected to forced prostitution in Indonesia.
Government and non-governmental
sources continued to report an increase in the number of undocumented
Indonesian workers travelling abroad. As the government continues to expand its
use of biometric travel documents, false documents are becoming more difficult
and expensive to obtain. As a result, more undocumented workers are traveling
by sea, primarily from Batam and the Riau Islands, and by land, from Kalimantan
to Malaysia where they remain or transit to a third country. Undocumented
workers are at a higher risk of becoming trafficking victims than documented
workers. According to press and NGO reports, over 1,000 undocumented Burmese
fishermen are stranded on the remote Indonesian island of Tual. According to
IOM, labor recruiters are responsible for more than 50 percent of the Indonesian
female workers who experience trafficking conditions in destination countries.
Some recruiters work independently, while others work for Indonesia-based
international labor recruitment companies called PJTKIs. Some PJTKIs operate
similarly to trafficking rings, leading male and female workers into debt
bondage and other trafficking situations. Some traffickers operate with
impunity and escape punishment because of endemic corruption among law
enforcement officials and the government’s lack of effectiveness in upholding
the rule of law. Trafficking victims often accumulate debts with labor
recruiters that make victims vulnerable to debt bondage. Licensed and
unlicensed companies used debt bondage, withholding of documents, and threats
of violence to keep Indonesian migrants in situations of forced labor.
Indonesian women migrate to
Malaysia, Taiwan, and the Middle East and are subsequently subjected to forced
prostitution; there are also reports of women subjected to forced prostitution
and forced labor in Indonesia. Children are trafficked internally and abroad
primarily for domestic servitude and forced prostitution. Many trafficked girls
work 14 to 16 hours a day at very low wages, often under perpetual debt due to
pay advances given to their families by Indonesian brokers. Debt bondage is
particularly pronounced among sex trafficking victims, with an initial debt of
the equivalent of approximately $600 to $1,200 imposed on victims. With the
accumulation of additional fees and debts, women and girls are often unable to
escape this indebted servitude even after years in prostitution. Traffickers
employ a variety of means to attract and control victims, including promises of
well-paying jobs, debt bondage, community and family pressures, threats of
violence, rape, false marriages, and confiscation of passports. Country experts
reported a trend of recruitment of Indonesian migrant workers in Malaysia for
Umrah, a religious pilgrimage to Mecca, Saudi Arabia continued during the year;
once in Saudi Arabia, Indonesian migrants are trafficked to other places in the
Middle East. Some Indonesian children are recruited into sex trafficking
through social networking websites. Internal trafficking is a significant
problem in Indonesia, with women and girls exploited in domestic servitude,
commercial sexual exploitation, and in forced labor in rural agriculture,
mining, and fishing. Many victims were originally recruited with offers of jobs
in restaurants, factories, or as domestic workers before they were coerced into
prostitution. Child sex tourism is prevalent in the Riau Islands bordering
Singapore and is reported to occur in Bali and other locations around
Indonesia.
The Government of Indonesia does
not fully comply with the minimum standards for the elimination of trafficking;
however, it is making significant efforts to do so. During the year, the
government’s anti-trafficking law enforcement efforts yielded fewer
prosecutions, though it undertook new efforts to improve protections for
Indonesian migrants, particularly through Government Order 03/2013 on the
Placement and Protection of Overseas Workers. The government did not make
progress in curbing trafficking-related complicity of Indonesian security
personnel and other government officials or increasing the effectiveness of law
enforcement and judicial officials in upholding the country’s anti-trafficking
laws. The Minister for Women’s Empowerment and Child Protection is the
designated lead in inter-ministerial programs and activities, but a
decentralized government structure exacerbates the challenges of coordinating a
national strategy. Nonetheless, during the reporting period the Attorney
General’s Task Force on Terrorism and Transnational Crime created the first
database for tracking trafficking convictions throughout Indonesia to improve
the centralized collection of data on prosecutions and victim protection from
local governments.
Recommendations for Indonesia:
Improve the collection, analysis, and public reporting of comprehensive data on
legal proceedings against traffickers taken under the 2007 law; undertake
greater efforts to criminally prosecute and punish labor recruitment agencies
and corporations involved in trafficking; increase efforts to prosecute and
convict public officials who are involved in trafficking; undertake efforts to
prosecute and punish those who obtain commercial sexual services from children;
create a national protocol that clarifies roles and responsibilities for
prosecuting trafficking cases when the crime occurs outside a victim’s province
of residence, particularly with regard to responsibilities for funding the
involvement of victims as witnesses in proceedings; increase government funding
to support trafficking victims’ participation in legal proceedings; and
increase efforts to combat trafficking through awareness-raising campaigns
targeted at the public and law enforcement personnel at all levels of
government in primary trafficking source regions.
Prosecution
The Indonesian government’s
anti-trafficking law enforcement efforts diminished in effectiveness during the
reporting period. Through a comprehensive anti-trafficking law passed in 2007
and implemented in 2009, Indonesia prohibits all forms of trafficking in
persons, prescribing penalties of three to 15 years’ imprisonment. These
penalties are sufficiently stringent and commensurate with those prescribed for
other serious crimes, such as rape. While Indonesian National Police (INP)
investigators used the 2007 law to prepare cases for prosecution, some
prosecutors and judges still use other, more familiar laws to prosecute
traffickers. Police and other law enforcement officials complained about the
difficulty of coordinating among police, prosecutors, witnesses, and courts to
obtain successful convictions.
There are two trafficking-specific
data-gathering mechanisms in Indonesia: in 2012 the Attorney General’s Task
Force on Terrorism and Transnational Crime created the first database for
tracking trafficking convictions throughout Indonesia, and statistics on
prosecutions and convictions at the district and provincial levels were
collected by the INP. These databases were not interoperable. Police data
indicated the initiation of 138 new trafficking investigations involving 169
suspects and the referral to local prosecutors of 86 cases, of which 61 were
accepted for prosecution. The attorney general reported that from January to
October 2012, 102 cases resulted in convictions under Law No. 21/2007. More
than half of the 208 cases reportedly resulted in prosecutions under No. 21/2007
in 2011. One conviction in November 2012 included restitution for a victim of
child sex trafficking, the second time that an Indonesian court awarded
restitution to a trafficking victim. NGOs and government officials reported
that endemic corruption among members of Indonesian security forces and
government officials remained an impediment to increased effectiveness in
anti-trafficking law enforcement efforts.
Protection
The Indonesian government
continued its provision and coordination of modest and uneven efforts to
protect victims of trafficking during the year. The government’s Centers for
Integrated Service for the Empowerment of Women and Children provided
multi-purpose shelters and trauma clinics to trafficking victims through 187
centers at the provincial and district level, which increased in number by six
since the previous year. The government provides limited funding to other
organizations for the provision of services to trafficking victims but since
2005 has increasingly channeled support through the center. The centers also
receive private funding. The national police operated approximately 306 women
and child service units in police stations around the country, which provided
emergency protection and medical services to victims of violence, including
victims of trafficking. The government continued to rely significantly on
international organizations and NGOs for the provision of services to victims,
particularly for repatriated Indonesian victims of trafficking abroad. The
Ministry of Health is responsible for covering the costs of health care for
trafficking victims, and all Indonesian National Police hospitals across the
country are obligated to provide medical care at no cost to victims, though
NGOs and government officials reported that some hospital staff remained
unaware of this duty or were unwilling to provide care without compensation.
Although the government did not collect or report comprehensive data on victims
identified throughout the country, an international NGO reported that from
January to November of 2012 it identified and, jointly with the government,
provided support to a total of 187 trafficking victims. Officials in Yogyakarta
Special Region reported assisting one transnational trafficking victim, a
student who was trafficked to Malaysia. In March 2012, the Berline Labor Court
approved a settlement between a Saudi Arabian diplomat and an Indonesian
domestic worker for unpaid wages and damages.
The central government largely
funds provincial governments through block grants, and provinces have
significant discretion in the use of these funds, including decisions on
trafficking-related programs. As a result, provincial governments’ funding of
victim protection services varied greatly. Some provinces have not established
anti-trafficking taskforces and provide only minimal funding for the protection
of trafficking victims. The Ministry of Foreign Affairs (MFA) reported that it
continued to train its diplomats on identifying trafficking victims.
Additionally, it was reported that the MFA established 24 citizen service
centers in its foreign missions. According to Indonesia’s honorary consul in
Trinidad and Tobago, 154 trafficked Indonesian fishermen were found stranded
off the northwestern coast of Trinidad in October 2012. Indonesian officials
traveled to Trinidad to interview and repatriate the rescued fisherman. The
first group of fishermen was repatriated in November 2012, while the second
group was repatriated in January 2013. Upon return to Indonesia the fishermen
were referred to IOM for medical recovery, follow-up assistance to return to
their home villages, and enrollment in a reintegration program. The INP,
Attorney General’s Office, Ministry of Law and Human Rights, Department of
Immigration, the witness protection program, the National Commission on Women,
and a number of NGOs actively cooperated in an IOM-led taskforce to revise the
2007 edition of “Guidelines for Law Enforcement and the Protection of Victims
of Trafficking in Handling Trafficking in Persons Cases.” The final draft
awaited funding for publishing for the second consecutive year.
In December 2012 the government
abolished the requirement that workers returning to Indonesia through Jakarta’s
Soekarno-Hatta International Airport exit the airport through a terminal
designated for incoming migrant workers. Advocates for the rights of migrant
workers maintained that returning workers were vulnerable to abuse and
exploitation if segregated in the designated terminal and that they enjoyed the
right to travel freely without the stigma of being segregated. IOM reported
that the number of workers using the terminal has declined to 300-700 people
per day compared to a previous 700-2,000 per day.
Prevention
The Indonesian government made
modest progress in preventing human trafficking during the reporting period,
particularly through improved oversight of labor migrants and the licensed
recruiting agencies sending them abroad. Most other prevention work was
conducted at the district and province levels; 25 provincial level
anti-trafficking taskforces, up from 21 in 2012, and 77 district or municipal
anti-trafficking taskforces, up from 73 in 2012, coordinated local
anti-trafficking efforts with a wide variety in levels of funding, staffing,
and energy. While the West Java provincial taskforce includes 66 government and
civil society representatives that meet regularly and fund victim protection
activities, during the reporting period they met two times. The taskforce in
Riau Islands province—a major transit area for trafficking victims from
throughout the country—did not meet during 2012. The Coordinating Minister for
Social Welfare nominally chaired the government’s national anti-trafficking
taskforce, and the Ministry of Women’s Empowerment and Child Protection (MWECP)
provided active direction. The national taskforce met quarterly in 2012 with 21
ministries, departments, and agencies represented; the national
anti-trafficking taskforce does not have a budget and is funded by the
participating ministries and departments. The government also added 17 civil
service inspectors within the Agency for the Placement and Protection of
Overseas Workers (BNP2TKI) to investigate trafficking cases. The government
engaged in public awareness campaigns delivered via conferences, radio, newspapers,
billboards, pamphlets, school programs, and neighborhood meetings.
The government continued to
support BNP2TKI in its efforts to monitor outbound Indonesian workers and
protect them from fraudulent recruitment and human trafficking. Indonesia’s president
in January 2013 issued Government Order 03/2013 on the Placement and Protection
of Overseas Workers. The order clarifies and extends protections granted to
workers under Law No. 39/2004 on the Placement and Protection of Workers.
Specifically, the order makes explicit the government’s responsibility to
protect the rights of workers from the time they consider an offer of
employment overseas, while they are working overseas, until they return to
Indonesia. Additionally, BNP2TKI launched an initiative to include fishermen in
the same registration process that it applies to other workers going abroad.
The initiative requires fishermen to apply for a work permit to work abroad and
mandates companies employing fisherman who will work in international waters to
register with the agency.
The government continued
partnerships with NGOs and international organizations to increase public
awareness of trafficking. In October 2012, the Indonesian government signed a
memorandum of understanding (MOU) with Taiwan, creating a “partnership in
immigration affairs and the prevention of human trafficking and smuggling”
intended to provide better protection to the estimated 180,000 migrant workers
in Taiwan. To improve coordination of anti-trafficking programs, a number of
provinces signed inter-provincial MOUs in 2011 that included guidelines for
cooperating in the provision of care to trafficking victims located outside of
their home provinces.
There were reports of individuals
from Australia, Canada, China, France, Germany, Italy, Japan, Korea, Malaysia,
Singapore, Taiwan, the Middle East, the Netherlands, the United Kingdom, and
the United States coming to Indonesia as child sex tourists. A UK citizen
arrested in November 2011 in the Riau Islands province for sexually exploiting
children was in jail awaiting trial; at the time of the publication of this
report further updates on this case were unavailable. The government provided
Indonesian military personnel with anti-trafficking training prior to their
deployment abroad on international peacekeeping missions. There were no reports
of Indonesian peacekeeping troops engaging in trafficking-related offenses. The
government did not report efforts to reduce the demand for forced labor or
commercial sex acts during the year.
Sumber : Trafficking In Person Report 2013
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