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Country: Indonesia - Subject: Elimination of forced labour
Indonesia - Elimination of forced labour - Law, Act
Law on Immigration (Law No. 6/2011). (Undang-undang Nomor 6 tahun 2011 tentang Keimigrasian) - Adoption: 2011-05-05 | IDN-2011-L-89341 Chapter I - General Provisions
Chapter II - Execution of Immigration Function
Chapter III - Entering and Leaving Indonesian Territory
Chapter IV - Travel Documents of the Republic of Indonesia
Chapter V - Visa, Entry Stamp and Stay Permit
Chapter VI - Immigration Control
Chapter VII - Immigration Administrative Measures
Chapter VIII - Immigration Detention Centre and Immigration Detention Room [NOTE: articles 86-90 deal with the Treatment of the Victims of Trafficking in Persons and Smuggling]
Chapter IX - Prevention and Denial
Chapter X - Investigation
Chapter XI - Criminal Provisions
Chapter XII - Expenses
Chapter XIII - Transitional Provisions (articles 139-140)
Chapter XIV - Transitional Provisions (article 141)
Chapter XV - Conclusion
Indonesia - Elimination of forced labour - Law, Act
Law No. 8 of 2010 on Prevention of the Crime of Money Laundering. (Undang-Undang Tentang Pencegahan Dan Pemberantasan Tindak Pidana Pencucian Uang) - Adoption: 2010-10-22 | IDN-2010-L-91600 Makes the laws concerning money laundering stricter. Increases penalties for violators of crimes. Also expands the grounds under which money can be seized. This law expands the list of agencies permitted to conduct money laundering investigations; increases the ability of the independent Financial Intelligence Unit (PPATK) to examine suspicious financial transactions; expands institutions authorized to obtain results of PPATK analysis or examination of transactions; creates a streamlined mechanism to seize and freeze criminal assets; expands the entities which must file reports with PPATK and increases some criminal penalties for money laundering offenses. The law designates non-financial businesses, in addition to Indonesian banks and providers of financial services, which are required to report suspicious transactions to PPATK.
Money gained from criminal acts falling within the scope of this law include crimes related to: corruption; bribery; narcotics; psychotropic substances; labour trafficking; smuggling of migrants; banking; capital market; insurance; customs; clearance; trafficking in persons; illicit arms trafficking; terrorism; kidnapping; theft; embezzlement; fraud; counterfeiting; gambling; prostitution; taxation; forestry sector; environmental field; maritime affairs and fisheries, or other offenses punishable by criminal sanction of more than four years jail.
Indonesia - Elimination of forced labour - Law, Act
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. Adoption: 2009-09-28 | IDN-2009-L-83341 Indonesia signed the Protocol 12 December 2000 and ratified it the 28 September 2009.
Indonesia - Elimination of forced labour - Regulation, Decree, Ordinance
Presidential Regulation on the Task Force for the Prevention and Control of Human Trafficking (Presidential Regulation No. 69/2008). (Peraturan Presiden Tentang Gugus Tugas Pencegahan Dan Penanganan Tindak Pidana Perdagangan Orang) - Adoption: 2008-11-06 | IDN-2008-R-91241 Establishes the Task Force for the Prevention and Control of Human Trafficking. Sets out is composition and functions. The task force is under the authority of the Ministry of Empowerment for Women's Affairs and the Protection of Children.
Indonesia - Elimination of forced labour - Regulation, Decree, Ordinance
Government Regulation on the Procedure and Mechanism of Integrated Services for Witnesses and/or Victims of Human Trafficking (Government Regulation No. 9/2008). (Peraturan Pemerintah Tentang Tata Cara Dan Mekanisme Pelayanan Terpadu Bagi Saksi Dan/Atau Korban Tindak Pidana Perdagangan Orang) - Adoption: 2008-02-04 | IDN-2008-R-91240 Chapter I - General Conditions
Chapter II - Establishment of Integrated Service Centre
Chapter III - Facilities and Infrastructure
Chapter IV - Integrated Service Support Officer
Chapter V - Procedures and Mechanisms of Integrated Service
Chapter VI - Monitoring and Evaluation
Chapter VII - Financing
Chapter VIII - Concluding Provisions
Indonesia - Elimination of forced labour - Miscellaneous (circular, directive, legal notice, instruction, etc.)
Guidelines for Law Enforcement and the Protection of Victims of Trafficking in Handling Trafficking in Persons Cases. - Adoption: 2008 | IDN-2008-M-91193
Indonesia - Elimination of forced labour - Law, Act
Law on Elimination of Human Trafficking Crimes (Law No. 21/2007). (Undang-Undang Tentang Pemberantasan Tindak Pidana Perdagangan Orang) - Adoption: 2007-04-19 | IDN-2007-L-76863 Chapter I - General Provisions
Chapter II - Human Trafficking Crime
Chapter III - Other Human Trafficking related Crimes
Chapter IV - Investigation, Prosecution and Examination in the Court Session
Chapter V - Protection of Witnesses and Victims
Chapter VI - Prevention and Settlement
Chapter VII - International Cooperation and Public Participation
Chapter VIII - Transitional Provisions
Indonesia - Elimination of forced labour - Regulation, Decree, Ordinance
Presidential Regulation on the National Commission for Combating Violence Against Women (Presidential Regulation No. 65/2005). (Peraturan Presiden Tentang Komisi Nasional Anti Kekerasan Terhadap Perempuan) - Adoption: 2005-10-18 | IDN-2005-R-91242 Implements Law No. 7/1984 on Convention on the Elimination of All Forms of Discrimination Against Women as well as Law No. 5/1998 on Convention against Torture and Other Degrading Treatment or Punishment Cruel, inhuman, or Lowers Human Dignity. Establishes a Commission to combat violence against women.
Based on Presidential Regulation No. 65/2005, the aims of Komnas Perempuan are:
- To build a conducive environment for the elimination of all forms of violence against women and the fulfillment of women's rights in Indonesia,
- To increase efforts to prevent all forms of violence against women and to increase the protection of women's rights.
The Decree gives Komnas Perempuan the mandate to:
- increase awareness of all forms of violence against women, prevention efforts and the elimination of all forms of violence against women;
- conduct research on all rules, laws and international instruments relevant to the protection of women's rights;
- monitor (including the fact finding and documentation of violence against women and violations of women's rights)and to disseminate the results of monitoring activities to the general public and take action for the accountability and handling of cases of violence against women;
- provide recommendations to the government, legislative and judicial bodies, and civil organizations to support law and policy making that strengthens the prevention and elimination of all forms of violence against women, and the protection of women's rights;
- build regional and international partnerships in order to increase prevention efforts, the elimination of all forms of violence against women and the protection and fulfillment of women's rights.
Indonesia - Elimination of forced labour - Miscellaneous (circular, directive, legal notice, instruction, etc.)
Concrete Role and Actions of Manpower Supervision in the Placement and Protection of Indonesian Manpower Abroad (Circular No. SE.433/MEN/PKK-SES/VII/2005). Adoption: 2005-07-14 | IDN-2005-M-72575 Sets out role and functions of supervisors to avoid abuses of Indonesian workers abroad and trafficking.
Indonesia - Elimination of forced labour - Law, Act
Law No. 25/2003 on Amendment to Law No. 15/2002 on the Crime of Money Laundering. (Undang-Undang Tentang Perubahan Atas Undang-Undang Nomor 15 Tahun 2002 Tentang Tindak Pidana Pencucian Uang.) - Adoption: 2003-10-13 | IDN-2003-L-91599
Indonesia - Elimination of forced labour - Miscellaneous (circular, directive, legal notice, instruction, etc.)
Presidential Decree No. 88 Year 2002 on the National Plan of Action on the Elimination of Trafficking in Women and Children. (Keputusan Presiden Tentang Rencana Aksi Nasional Penghapusan Perdagangan (Trafiking) Perempuan Dan Anak.) - Adoption: 2002-12-30 | IDN-2002-M-91592 The 2002 Plan is annexed to the Presidential Decree. It contains Five Chapters covering:
Chapter I - Introduction
Chapter II - Policy Directions
Chapter III - Actors and Action Plan 2003-2007
Chapter IV - Final Provisions
In Chapter I, Part C, the Plan defines trafficking as "trafficking in persons encompassing all forms of action undertaken by perpetrators of trafficking that have one or more elements of recruiting, transporting between regions and countries, transferring, sending, receiving and temporary placement or placement at their destination of people by using threats, verbal and physical abuse, abduction, fraud, deception, misuse of vulnerability (e.g. if someone has no alternative, is isolated, is addicted to drugs, trapped in debt), giving or receiving payments or profits in cases in which a person is used for prostitution and sexual exploitation (including paedophilia), legal or illegal migrant workers, child adoptions, fishing platform work, mail order brides, domestic helpers, begging, pornography, drug dealing, selling of body organs as well as other forms of exploitation."
A new plan has not yet been adopted. However, in 2007, the Law on Elimination of Human Trafficking Crimes (Law No. 21/2007) was adopted.