Regulation of legal sanctions against perpetrators of non-procedural placement of Indonesian migrant workers: a human trafficking perspective
The program for placing Indonesian Migrant Workers abroad is one of the efforts to overcome the problem of unemployment. The government has enacted regulations regarding the placement of Indonesian migrant workers. However, there is still a non-procedural placement for Indonesian migrant workers, gi...
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| Format: | Article |
| Language: | English |
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Taylor & Francis Group
2024-12-01
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| Series: | Cogent Social Sciences |
| Subjects: | |
| Online Access: | https://www.tandfonline.com/doi/10.1080/23311886.2024.2421347 |
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| Summary: | The program for placing Indonesian Migrant Workers abroad is one of the efforts to overcome the problem of unemployment. The government has enacted regulations regarding the placement of Indonesian migrant workers. However, there is still a non-procedural placement for Indonesian migrant workers, giving rise to new problems in handling it. This study aims to analyze the factors that encourage perpetrators to carry out the non-procedural placement of migrant workers and the application of legal sanctions for perpetrators. The research method uses a qualitative normative juridical approach, which looks at problems from the study of legal materials such as books or articles that discuss research themes as references for primary and secondary legal materials. The data analysis technique used was descriptive analysis. The results of this research show that the increase in people or individuals involved in non-procedural PMI placement practices is due to economic factors; namely, the perpetrators receive a relatively large commission or service fee from each person who is sent, the perpetrators have a consumerist lifestyle, the educational conditions and knowledge of the victim or victim’s family, and the victim’s economic limitations. Perpetrators of non-procedural PMI placement can be charged, apart from Law Number 18 of 2017 concerning PPMI, which can also be subject to Law Number 21 of 2007 concerning the Eradication of Criminal Acts of Trafficking in Persons (PTPPO), which is subject to legal sanctions of imprisonment or fines. |
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| ISSN: | 2331-1886 |