Legal Analysis on The Role Of Indonesian Central Government In The Eradication Of Trafficking In Persons

Trafficking in persons (TiPs) is an organized crime against humanity. Indonesia has shown strong commitments to eradicate TiPs. As part of legislations commitment, Indonesia’s Anti-Trafficking Law Number 21 Year 2007 provides a comprehensive framework defining TiPs in line with the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime, criminalizing the offence of TiPs; while formalizing State’s obligations to protect victims. Indonesia has also ratified the Protocol as Law Number 14 Year 2009. Despite the fact that in term of migrant workers, Indonesia has ratified the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families as Law Number 6 Year 2012, and enacted Law Number 18 Year 2017 on the Protection of Indonesian Migrant Workers, a big majority of victims of TiPs are Indonesian women and children being trafficked through recruitment channels for migrant workers purposes, including as domestic workers and working in the fishery sector. Following the laws and local autonomy spirit in Indonesia, central government has an important role in eradicating TiPs. This paper examines the role of central government in the prevention of the TiPs, by examining the case of Indonesia and reviewing all existing laws and regulations, including relates with international and regional human rights instruments.