Jumat, 04 Maret 2011

Crime On Independence People

Crime On Independence People
by umi
CHAPTER I
INTRODUCTION

Background
Throughout human history, evil is always with the times. Human world that is still traditional in doing a crime then the traditional one, such as speakers in the discussion this time on crimes against people are still very traditional independence contained in article 324 in which there are elements of the slave trade.
While the more modern era, the man in a crime the more modern and daring, when slavery was removed on the face of the world, the slave trade were already different. Former slave whose name is equated as pets in the exploitation, forced labor without pay, is merely eat, but modern-day slaves were given employment opportunities, schools, education, the slave is now just as satisfying object of lust, sexual objects.
How many cases involving the modern slaves as satisfying lust, especially the women, who became the spotlight ABG johns to be a slave to satisfy desires and then be rewarded.

Problem Formulation
1. Slavery
2. Shipping
3. Commerce women under age
CHAPTER II
DISCUSSION

Crime On The Definition of Independence
Trafficking in persons is a modern form of human slavery. Human trafficking is also one form of abuse of violation of human dignity.
Increased trafficking rampant problem in many countries, including Indonesia and other developing countries, has been a concern of Indonesia as a nation, the international community, and members of international organizations, especially the United Nations (UN).
Based on empirical evidence, women and children are the group most widely become victims of human trafficking. Victims trafficked not only for the purpose of prostitution or other forms of sexual exploitation, but also includes practical similar to slavery. Perpetrators of the crime of trafficking in persons doing the recruitment, transportation, transfer, concealment, or receipt of persons for the purpose of trapping, plunges, or take advantage of that person in the practice of exploitation in all forms with the threat of violence, kidnapping, counterfeiting, fraud, abuse of power, give or take advantage of payment so as to obtain consent from the person having control over the victim.
Forms of exploitation included forced labor, slavery and practices similar to slavery or forced service is a condition of employment that arise through the way, plan, or pattern intended for a person believes that if he did not do a particular job, then he or his dependents will suffer both physically and psychologically. Slavery is a condition of a person under the ownership of others. Similar practical enslavement is the act of putting someone in power to others, so that the person is not able to refuse a job legally ordered by others to him, even though the person does not want it. Crime of trafficking in persons, especially women and children, had expanded in the form of well organized criminal networks or organized. Trafficking offenses not involving not only individuals but also corporations and state enforcement who abuse authority and power. Criminal networks trafficking in persons has a range of operation not only between regions within countries but also between countries.
The provisions concerning the prohibition of trafficking in persons has been arranged basically in the book of the Penal Code (Penal Code) Article 297 which determines the ban on trafficking of women and boys are minors and those actions qualify as crimes. Article 83 of Law No. 23 of 2002 on child protection for themselves or for sale. However, the provisions of the Penal Code and Law on child protection does not formulate a clear definition of trafficking in persons by law.
In addition, Article 297 of the Penal Code provides sanctions which have been mild and not commensurate with the impact suffered by victims of trafficking crimes. Therefore, special legislation is needed to anticipate and trap all kinds of action in the process of how, or all forms of exploitation which may occur domestically or through inter-state, and both by individual and corporate actors.
Law regulates the protection of witnesses and victims as an important aspect of law enforcement, which is intended to provide basic protection to victims and witnesses. In addition, this law also gives great attention to the suffering of victims as a result of the crime of trafficking in persons as compensation for victims, and also regulate the rights of victims of medical and social rehabilitation, scavenging and reintegration to be done by the state, especially for those who suffered physical, psychological, and social consequences of criminal acts of trafficking.
Prevention and the tightening of the crime of trafficking in persons is the responsibility of governments, local governments, communities and families. To realize the steps in the implementation of comprehensive and integrated prevention and treatment are necessary to form a task force. Crime of trafficking in persons is a crime that does not just happen in one of the country but also between countries. Therefore, it is necessary to develop international cooperation in the form of mutual legal assistance treaty in criminal matters and / or other technical cooperation in accordance with the provisions of laws rules.

Forms of Crime and its elements
Related to this crime is divided into three parts, namely:
1. Criminal Biology
Investigating one's own self-will because of his deeds in both the physical and spiritual.
2. Criminal Sosiology
Who try to find the causes of it in an environment where people are (in hers).
3. Criminal Policy
That is what measures should be implemented so that if other people are not doing so well.

Elements of Crimes;
1. Element Material
Article 1 of this law is the act of trafficking in persons is the recruitment, transportation, shelter, transportation, transfer or receipt of a person by threats of violence, the use of violence, abduction, confinement, forgery, fraud, abuse of power or position of vulnerability, debt bondage or provide pay or benefits, so as to obtain approval from the person having control over another person, whether committed in the country and overseas, for the purpose of exploitation or the cause of the exploited. Crime of trafficking in persons means any act or series of actions that meet the elements of the offenses specified in this law (Law) No. 21 of 2007).
The victim is a person who suffered psychological, mental, physical, sexual, economic, and / or social, resulting from criminal acts of trafficking in persons, each person is an individual or corporation that committed the crime of trafficking in persons. Child is someone who is not yet 18 years old including children are still in the womb. Corporations or groups of people and well-organized wealth is not a legal entity or legal entity.
Exploitation is the act of prostitution, labor or services, including but not limited to prostitution, forced labor or services, slavery or a practice similar to slavery, oppression, extortion, physical utilization, seksua;, reproductive organs, or unlawfully removing or transplanting organs and or tissue or the use of force or by another party's ability to profit both materially and inmateriil. Sexual exploitation is any use of sexual organs or other organs of the victim to make a profit, but is limited in all activities of prostitution and abuse. Recruitment is the action that invite, gather, take or to separate someone from their family or community. Delivery is the act of anchoring dispatcher or someone from one place to another.
Violence is any act in contravention of law with or without the use of physical and psychological means of causing danger to life, body or cause terampasnya of personal freedom. The threat of violence is any act in contravention of law in the form of speech, writings, drawings, symbols, or gestures, either with or without using a tool that creates fear or curb the freedom of one's essential. Restitution is the payment of compensation charged to the perpetrator based on court decisions that force remains above the law and or inmateriil material loss suffered by the victims or their heirs. Rehabilitation is the restoration of the disruption of the physical, psychological, and social Facebook to exercise its role fairly well back in the family and in society.
Debt bondage is the act of placing persons in a state or a state pledge or forced to pledge his or her family or those which it is responsible, for his personal services as a form of debt repayment.
Crime of Trafficking in Persons
Stipulated in the Penal Code articles 324-327
Article 324. Based at their own expense or cost of other people running the slave trade or slave trade acts or intentionally participated directly or indirectly in any of the above actions, dancam with a maximum imprisonment of twelve years

Article 325. (1) Any person employed or served as a captain on board, was perceived that the ship was used for the purpose of slave trade, or use it for commercial slave ship, the ship was threatened by criminal imprisonment of twelve years.
(2) When transportation was resulted in the death of one or more slaves, the captain was threatened by a maximum imprisonment of fifteen years.

Article 326. Anyone working as crew on a ship, is being perceived that the ship was used for the purpose or purposes of slave trade, or by voluntarily remained on active duty after hearing the ship was used for the purpose or purposes of the slave trade, punishable by a maximum imprisonment of nine years.

Article 327. Anyone with their own cost or expense of others, directly or indirectly to work together to rent, mengangkutkan or insure a ship, is being perceived that the ship was used for the purpose of slave trade, is threatened by a maximum imprisonment of eight years.

Running People
Provided for in Article 328-332 of the Criminal Code
Article 328. Whoever takes away a person from the place of residence or temporary residence, with the intent to place that person in contravention of law under the authority or power of others, or to place him in a state of misery, threats of kidnapping, with a maximum imprisonment of twelve years.

Article 329. About coolie contract is deemed not necessary anymore. See Article V of Act No. 1946. 1.

Article 329 according to an official translation of BPHN reads as follows:

Article 329. Any person who willfully unlawfully carrying people to other regions, whereas men had made a pact to work in a particular place, is threatened by a maximum imprisonment of seven years.

Article 330. (1) Whoever intentionally attract a minors from power which is determined by law upon himself, or from the supervision of the person authorized to do so, punishable by a maximum imprisonment of seven years.
(2) Where, in this case made of deception, violence or threats of violence, or if the child is not old enough for twelve years, imposed a maximum imprisonment of nine years.

Article 331. Anyone who deliberately hid the minors, which is drawn or pulled himself from the powers which by law is determined on himself, or from the supervision of the person authorized to do so, or intentionally pulled from the investigation of judicial or police officer, threatened with criminal imprisonment of four years, or if the child under the age of twelve, with a maximum imprisonment of seven years.

Article 332. (1) Threatened with imprisonment:
To-1. Maximum of seven years, any person carrying away a woman who is not old enough, without his parents or guardian desired but with the consent, in order to ensure its mastery of the woman, both inside and outside marriage.

2nd Oldest nine years whoever takes away a woman by deception, force or threat of violence, with a view to ensure its mastery of the woman, both inside and outside marriage.

(2) Prosecution is only done on a complaint
(3) Complaints made:
a. If a woman when it goes under is not old enough, by her own, or others who must give consent when she married

b. If a woman when old enough to go under, by his own or by her husband.
(4) If the carrying out of wedlock with a woman who then went under and against the rules of marriage apply Bergerliik Wetboek, then no penalty may be imposed prior to his marriage declared null and void.

Detention
Governed by Article 333-334
Article 333. (1) Whoever intentionally and unlawfully depriving a person of independence, or continued deprivation of liberty that so, punishable by a maximum imprisonment of eight years.
(2) If the act resulted in serious injuries, then the guilty subject to a maximum imprisonment of nine years.
(3) If the result in death, subject to maximum imprisonment of twelve years.
(4) The penalties set forth in this Article shall also apply to people who deliberately gave place to seize independence against the law.

Article 334. (1) Any person because of negligence causes an unlawfully deprived of liberty, or the continuation of such deprivation of liberty, punishable by a maximum imprisonment of three months or a maximum fine of three hundred dollars.
(2) If the offense resulted in serious injuries then the guilty subject to a maximum of nine months confinement.
(3) If the result in death, subject to a maximum of one year confinement.

Forced Actions
In article 335 of the Criminal Code
Article 335. (1) Threatened with imprisonment of one year or a maximum fine of three hundred dollars:
To-1. whoever unlawfully force others to do so but do not let anything or using violence, other acts or pelakuan something unpleasant, or by using threats of violence, something other actions or treatment that is not fun, either against themselves or anyone other.
To-2. anyone forcing anyone else to do, not do or allow anything with a written threat of pollution or contamination.
(2) In the case described to-2, the crimes prosecuted only upon complaint of people affected


Law no. 21 of 2007
Article 2 (1) every person who did the recruitment, transportation, shelter, transportation, transfer or receipt of a person by threats of violence, the use of violence, abduction, confinement, forgery, fraud, abuse of power or position of vulnerability, debt bondage, or provide pay or benefits even if obtain approval from the person having control over another person, for the purpose of exploiting that person in the Territory of the Republic of Indonesia. In crime with imprisonment for 3 years and a maximum of 15 years and fined at least Rp. 120 million and a maximum of Rp. 600,000,000. If the acts referred to in paragraph (1) lead to the exploitation, the offender shall be punished by the same as referred to in paragraph (1).
Article every person who enters the country into the territory the Republic of Indonesia with a view to the exploitation in the territory of republic of Indonesia in the exploitation of another country shall be punished with imprisonment for 3 years and a maximum of 15 years and fined at least Rp. 120 million and a maximum of Rp. 600,000,000.
Article 4 of every person who brings an Indonesian citizen outside the territory of the republic of Indonesia with a view to the exploitation outside the territory of the Republic of Indonesia shall be punished with imprisonment for 3 years and a maximum of 15 years and fined at least Rp. 120 million and a maximum of Rp. 600,000,000.
Article 5 Anyone who does adoptions by promising something or give something with a view to the exploitation shall be imprisoned for at least 3 years and a maximum of 15 years and fined at least Rp. 120 million and a maximum of Rp. 600,000,000.
Article 6 Anyone who does sending a child into or out of the country in any manner that resulted in the exploitation of children shall be punished with imprisonment for 3 years and a maximum of 15 years and fined at least Rp. 120 million and a maximum of Rp. 600,000,000.
Article 7 (1) if the criminal act referred to in Article 2 (2), article 3, article 4, article 5 and article 6 resulted in the victim suffered serious injuries, mental disorders, other infectious diseases that endanger their souls, pregnancy, or disrupted or lost function is reproduction, then the threat of criminal plus 1 / 3 of criminal threat in article 2 (2), article 3, article 4, section 5, and article 6 (2) if the criminal act referred to in Article 2 (2), article 3, Article 4, Article 5 and Article 6 resulting in the death of the victim, is punishable by imprisonment for 5 years and a maximum of life imprisonment and a fine of not less than Rp. 200 million and a maximum of Rp. 5,000,000,000 (five billion rupiah).
Article 8 (1) any organization of nations that abuse of power which resulted in a criminal act of trafficking in persons as stipulated in article 2, article 3, article 4, article 5 and article 6 of the criminal plus 1 / 3 (one third) of the sentence in article 2, Article 3, Article 4, Article 5 and Article 6. (2) in addition to additional criminal sanctions are not respectful of dismissal from office. (3) additional penalty referred to in paragraph (2) are included as well in the ruling of the court.
Article 9 of every person who tried to mobilize others to do the criminal act of trafficking in persons, and crime did not happen, is liable to imprisonment for 1 year and a maximum of 6 years and a maximum fine of Rp. 40,000,000 (forty million dollars) and a maximum of Rp. 240 million (two hundred forty million dollars).
Article 10, every person who helped or attempted to commit criminal acts of trafficking in persons, shall be punished by the same as mentioned in article 2, article 3, article 4, section 5, and chapter 6.
Article 11 any person who planned or do evil conspiracy to commit criminal acts of trafficking in persons, shall be punished by the same as the perpetrator referred to in article 2, article 3, article 4, section 5, and chapter 6.
Article 12 any person to use or exploit victims of human trafficking by way of intercourse or other lewd acts with victims of human trafficking, employing victims of human trafficking to continue the practice of exploitation, or take advantage of the crime of trafficking in persons in the criminal with The same penalty as set forth in article 2, article 3, article 4, article 5, article 6.
Article 13 (1) crime of trafficking in persons deemed by the corporation if the crime was committed by persons acting for or on behalf of the corporation for the benefit of the corporation, whether on the basis of employment or other relationship, act in relation to the corporation either alone or together. (2) in terms of crime perdgangan are accomplished by a corporation referred to in paragraph (1), then the investigation, prosecution and punishment carried out against the corporation and / or its management.
Article (14) in terms of call in the corporation, the summons to appear before, and delivery of the summons delivered to the board at the board office, where the corporation was operating or in the residence of the board.
Article (15) in the case of trafficking crimes carried out by a corporation, in addition to imprisonment and criminal fines against managers, a criminal may be imposed against the corporation in the form of criminal penalty with a weighting of 3 (three) times the maximum fine referred to in article 2, article 3, Article 4, Article 5 and Article 6. (2) in addition to criminal penalties referred to in paragraph (1), the corporation may be imposed an additional penalty in the form of: a. revocation of business licenses, b. confiscation of proceeds of crime, c. revocation status of legal entity, d. dismissal of management, and / or e. prohibition against the board to establish a corporation in the same line of business.
Article (16) in the case of the crime of trafficking in persons is done in an organized group, then every criminal trafficking in persons in organized groups is punishable by the same as defined in article 2 drtambah 1 / 3 (one third).
Article (17) if the criminal offense referred to in article 2, article 3 and article 4 committed against children, then the threat of criminal plus 1 / 3 (one third).
Article (18) victims who committed the crime of being forced by criminal trafficking, a felony.



2. Formal Elements
Article 28 investigation, prosecution and examination before the court in a criminal act of trafficking, based on the applicable law of Criminal Procedure, unless otherwise stipulated in this law.
Article 29 of the evidence as provided by law Criminal law can also be: a. information uttered, sent, received or stored electronically with other similar optical instrument and b. data, records or information that can be read and / or heard, which can be removed with or assistance of an instrumentality set out on paper, any physical object other than paper, or electronically, including without limitation 1) writing, voice , or images, 2) maps, plans, photographs, or the like; or 3) sign letters, numbers, symbols or perforations that have meaning or be understood by those able to read or understand.
Article 30 as one of the valid evidence, testimony of a witness the victim alone is sufficient to prove that the defendant is guilty, if accompanied by valid evidence other.
Article 31 (1) based on sufficient evidence of the beginning of the investigation authorities to tap phones or other communications equipment allegedly used to prepare, plan, and committing a crime people. (2) tapping action as referred to in paragraph (1), are solely the written permission of the court chairman for a period longer than 1 (one) year.
Article 32 investigators, public prosecutors or judges shall instruct the financial service provider to do the blocking of assets of any person suspected of or charged with committing a criminal act of trafficking in persons.
Article 33 (1) investigation, prosecution and examination before the court, the complainant is entitled withheld his name and address or other things that give the possibility to know his identity; apor. (2) in the case of the reporter asked withheld his name and address or other matters referred to in the (1), the obligation to keep confidential the identity of those notified to the witnesses and others concerned with crime of trafficking in persons before examination by the competent authority conducting the examination .
Article 34 of the witness and / or victims to be presented in court on trial investigation, witness statements can be administered remotely through audio-visual communication tools.
Article 35 during the investigation, prosecution and court trial examination of witnesses and / or victims entitled to be accompanied by an advocate and / or other needed assistance.
Article 36 (1) during the investigation, prosecution and hearing before the trial court, victims are entitled to information about the progress of the case involving him. (2) information about the progress of cases referred to in paragraph (1) may be giving a copy of the minutes of each stage of the examination.
Article 37 witnesses and / or the victim is entitled to ask the trial judge to testify at the trial court without the presence of the defendant. (2) in terms of witnesses and / or the victim will testify without the presence of the accused, the trial judge ordered the defendant to exit the courtroom. (3) examination of defendant as set forth in paragraph 2, may be continued after the defendant notified the testimony of witnesses and / or the victim at the time the defendant outside the courtroom.
Article 38 investigation, prosecution, and examination of witnesses are on trial courts and / or child victim conducted with due regard for the child's best interests by not wearing robes or uniforms.
Article 39 (1) session of the crime of trafficking in persons to examine witnesses and / or victims of child performed in the trial. (2) in the case of a hearing referred to in paragraph (1), witnesses, and / or child victims shall be accompanied by parents, guardians, foster parents, advocates or other assistance. (3) examination of witnesses and / or child victims referred to in paragraph (1) in the absence of the defendant.
Article 40 (1) examination of witnesses and / or the victim at the request of the witness and / or child victims, with the approval of judges can be done outside the court and recording. (2) the examination referred to in paragraph (1) shall be made before the competent authority.
Article 41 (1) in the event that the defendant has been summoned by legal and proper, not present in court without legal justification, then the case can be checked and at the end without the presence of the accused. (2) in the case of the accused present at the next hearing before the verdict is rendered, the defendant must be checked, and all statements of witnesses and the letter which was read in a previous trial is considered as evidence provided by the presence of the accused.
Article 42 decision handed down without the defendant's presence was announced by the public prosecutor at the court notice board, local government offices, and given to family or their proxies.

Prevention and Handling
Article 56 of the crime prevention aims to prevent trafficking in persons as early as possible the criminal act of trafficking in persons.
Article 57 (1) Government, Local Governments, communities and families must prevent the crime of trafficking in persons. (2) Government and Local Government shall make the policies, programs, activities and allocate budget to implement prevention and handling of the problem of trafficking in persons.
Article 58 (1) To carry out the eradication of trafficking in persons, government and regional governments must take measures for preventing and handling crime of trafficking in persons. (2) to streamline and ensure the implementation of measures referred to in paragraph (1) government formed a task force consisting of representatives from government, law enforcement, community organizations, nongovernmental organizations, professional organizations, and researchers / academics. (3) memebentuk local government task force consisting of representatives from local pemetintah, law enforcement, community organizations, nongovernmental organizations, professional organizations, and researchers / academics. (4) seabagaimana task force referred to in paragraph (2) and paragraph (3) is the coordinating agency in charge; a). Coordinate the prevention and handling of the crime of trafficking in persons; b) carry out advocacy socialization, training, and cooperation; c) monitor the development and social reintegration; d) monitor progress in implementing the rule of law, and; e) implement the reporting and evaluation. (5) the central task force led by a health worker or a ministerial-level official appointed under presidential rule. (6) To reinforce and ensure the implementation of measures referred to in paragraph (2), government and regional governments must allocate the necessary budget. (7) Further provisions regarding the establishment, organizational structure, membership, budget, and the mechanism of central and local task force is set by regulation of the president.
Chapter III
Case Analysis

Pamekasan a prosecutor in the attorney-high (High Attorney) East Java Djasuli SH arrested yesterday at 11:45 Joint Police team on the road Margorejo Pamekasan, Surabaya. Attorney with two jasmine on the shoulders of the accused carried off women under age without permission from their parents.
The case was reported to the police station the victim's mother Pamekasan mid-April 2008. victims were PPT (a pseudonym), 17. kejadianya Djasuli allegedly while still serving in Pamekasan about two months ago.
At that time, served Djasuli Kasi Pidkus Kejari Pamekasan. Because the parents report that orban, Djasuli pulled High Attorney. Since then he dinojobkan High Attorney. Until now, the position is not filled Kasi Pidsus Kejari definitive officials.
Djasuli arrested during recess High Attorney's office at that time, he and his wife, Tuti, out of High Attorney. He's about to break, and lunch. However, on the way, precisely in the T-junction with the road Margorejo A. Yani (front of the Giant shopping center), Djasuli arrested. He was asked to pull his car. Well that's emerged in conjunction with the Joint team Pamekasan and arrested him.
Djasuli surprised when a joint team Pamekasan police station and arrested him.
Djasuli surprised when a team of Joint Police Pamekasan. Belium could speak, he presented an arrest warrant. Djasuli had refused. In fact, when that happens the tension between Djasuli and Police Combined team.
However, once explained, Djasuli want to be taken. Later, he was taken by car to the Police Joint team silver for disebrangkan to Madura. While the car Djasuli brought his wife.
Joint team that brought Djasuli until it arrives at Mapolres Pamekasan, Stadium road, at 16:00. he is flanked by two noncommissioned officers and several team involved in the Joint. The two officers flanking him were National Police, Adj AKP Kuswartono and Kanit I Setreskrim Ipda Syaiful.
Upon arrival at Mapolres, Djasuli herded into the living units of PPA (Protection of Women and Children) Setreskrim. He met with PPA Kanit Aiptu Surialningsih and bebrapa astreskrim investigators.
After the arrest Djasuli, no one district police officials who are willing to give keterangan.Kapolres AKBP Tomsi visible Tohir Djasuli could meet in the living units of PPA engggan confirmed. Tomsi avoiding reporters who want to interview.
Until this news was revealed around 18.30, Police still can not dikonfirnasi. Therefore, it can not ascertain whether Djasuli be detained or not.
From the above cases, it can be deduced that the case still need certainty. While Djasuli still denied the allegations, with the contention that the PPT to reverse the charges, and it's never been done on his own girlfriend who had run himself. PPT later admitted that he had brought his girlfriend.
Certainty Dhasuli above action is the duty of the authorities, such as police officers. Whether or not the above case that Djsuli that have led to minors without parents' permission is a crime against the independence of people contained in article 331 of the Criminal Code, with the threat of imprisonment of 4 (four years old.

CHAPTER IV
CONCLUSION


Trafficking in persons is a modern form of human slavery. Insider trading is also one of the worst forms of treatment of violations of human dignity. All that has been described in the law No. 21-year 2007 included about:
Slavery
Delivery, and
Commerce women under age
And also explained also about the prevention and handling of criminal acts aimed at preventing trafficking as early as possible the criminal act of trafficking in persons which man has been described in article 56 above.

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