Human trading cases rampant but no one charged with trafficking

Muninggar Sri Saraswati, The Jakarta Post, Jakarta

The trafficking of people is not a new phenomena. The business has thrived for many centuries and still occurs in modern times in many places throughout the world, including Indonesia.

Despite a considerable number of trafficking cases here, very few have been taken to court. Worse, the defendants are not charged with trafficking but with obscene conduct or fraud.

Mohammad Sobari, a criminal division officer at the South Jakarta District Court, said he did not know of any defendant tried at the court on charges of trafficking.

"Several years ago, there was a victim who filed a complaint against a company involving trafficking, however, the company (owner) was charged under an article on fraud," he told The Jakarta Post.

The case occurred in 1993, when a woman claimed she was deceived by a manpower company, which sent her to Japan to become a singer. Instead, the company placed her as a hostess to accompany guests at a karaoke club in a Japanese town.

After repeatedly complaining to the club management, she finally managed to return home.

The company director was then charged under Article 378 of the Criminal Code on fraud, which carried a maximum penalty of four years in jail. The defendant was sentenced to eight months in jail and ordered to pay about Rp 100 million to the victim.

The woman, who happened to hold a non-degree diploma, was not the only victim, but she was the only one who reported the case to police as the others were probably ignorant of the law.

Lawyer Apong Herlina from Women and Children Advocacy Institute said that the country has an article on human trafficking, however it fails to state the definition of the crime.

She refers to Article 297 of the Criminal Law, which states that anyone involved in the trading of women and underage boys is subject to a maximum of six years imprisonment.

Not only does the article carry a light penalty, it has never been implemented here, Apong said.

She said the defendant might be charged with prostitution or, more specifically, Article 281 of the Criminal Code on "unethical conduct", which carries a maximum penalty of two years and eight months in jail, or a Rp 4,500 fine.

Dian Kartika from the Indonesian Women's Coalition said she had handled some trafficking cases in which the victims were tried for disturbing public order by working as prostitutes, while the pimps were not touched by the law.

"The government should soon draft a new law on trafficking that can bring the criminals before the courts," Dian asserted.

A United Nations report this year ranked Indonesia as the third worst country in the world for its poor commitment and regulations on human trafficking, especially of women and children.

In response to the report, Coordinating Minister for People's Welfare Jusuf Kalla decided last month to establish an interdepartmental team to undertake the task.

"Such a team won't do much in curbing the problem," said Dian, expressing her skepticism. "To combat trafficking, the government's goodwill is needed."

Actually, the government last year signed a United Nations covenant on trafficking but it has still not ratified the regulations.

In September, Minister of Home Affairs Hari Sabarno issued a circular ordering governors, regents and mayors across the country to deal with the crimes following rampant trafficking uncovered by the police.

However, Dian doubted that the minister's subordinates would seriously observe the order.