HUMAN TRAFFICKING DRUG TRAFFICKING, AND THE DEATH PENALTY
| Main Authors: | Gerry, Felicity; The Bar in England and Wales and the Supreme Court of the Northern Territory of Australia, Sherwill, Narelle; Charles Darwin University, Australia |
|---|---|
| Format: | Article info application/pdf eJournal |
| Bahasa: | eng |
| Terbitan: |
Faculty of Law, Universitas Indonesia
, 2016
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| Subjects: | |
| Online Access: |
http://ilrev.ui.ac.id/index.php/home/article/view/263 http://ilrev.ui.ac.id/index.php/home/article/view/263/pdf_88 |
| ctrlnum |
article-263 |
|---|---|
| fullrecord |
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<dc schemaLocation="http://www.openarchives.org/OAI/2.0/oai_dc/ http://www.openarchives.org/OAI/2.0/oai_dc.xsd"><title lang="en-US">HUMAN TRAFFICKING DRUG TRAFFICKING, AND THE DEATH PENALTY</title><creator>Gerry, Felicity; The Bar in England and Wales and the Supreme Court of the Northern Territory of Australia</creator><creator>Sherwill, Narelle; Charles Darwin University, Australia</creator><subject lang="en-US">human trafficking; drug trafficking; death penalty; victims protection</subject><description lang="en-US">Both Australia and Indonesia have made commitments to combatting human trafficking.  Through the experience of Mary Jane Veloso it can be seen that it is most often the vulnerable ‘mule’ that is apprehended by law enforcement and not the powerful leaders of crime syndicates. It is unacceptable that those vulnerable individuals may face execution for acts committed under threat of force, coercion, fraud, deception or abuse of power. For this reason it is vital that a system of victim identification is developed, including better training for law enforcement, legal representatives and members of the judiciary. This paper builds on submissions by authors for Australian Parliamentary Inquiry into Human Trafficking, and focusses on issues arising in the complex cross section of human trafficking, drug trafficking, and the death penalty with particular attention on identifying victims and effective reporting mechanisms in both Australia and Indonesia. It concludes that, in the context of human trafficking both countries could make three main improvements to law and policy, among others, 1) enactment of laws that create clear mandatory protection for human trafficking victims; 2) enactment of criminal laws that provides complete defence for victim of human trafficking; 3) enactment of corporate reporting mechanisms. Systemic protection and support is not sufficiently available without clear legislative protection as this paper suggests together with standardised referral mechanisms and effective financial reporting mechanisms. The implementation can be achieved through collaborative responses and inter-agency coordination with data collection and properly trained specialists.</description><publisher lang="en-US">Faculty of Law, Universitas Indonesia</publisher><contributor lang="en-US"/><date>2016-12-31</date><type>Journal:Article</type><type>Other:info:eu-repo/semantics/publishedVersion</type><type>Other:</type><type>File:application/pdf</type><identifier>http://ilrev.ui.ac.id/index.php/home/article/view/263</identifier><identifier>10.15742/ilrev.v6n3.263</identifier><source lang="en-US">Indonesia Law Review; Vol 6, No 3 (2016); 265-282</source><source>2356-2129</source><source>2088-8430</source><language>eng</language><relation>http://ilrev.ui.ac.id/index.php/home/article/view/263/pdf_88</relation><rights lang="en-US">Authors who publish with this journal agree to the following terms:
Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.</rights><recordID>article-263</recordID></dc>
|
| language |
eng |
| format |
Journal:Article Journal Other:info:eu-repo/semantics/publishedVersion Other Other: File:application/pdf File Journal:eJournal |
| author |
Gerry, Felicity; The Bar in England and Wales and the Supreme Court of the Northern Territory of Australia Sherwill, Narelle; Charles Darwin University, Australia |
| title |
HUMAN TRAFFICKING DRUG TRAFFICKING, AND THE DEATH PENALTY |
| publisher |
Faculty of Law, Universitas Indonesia |
| publishDate |
2016 |
| topic |
human trafficking drug trafficking death penalty victims protection |
| url |
http://ilrev.ui.ac.id/index.php/home/article/view/263 http://ilrev.ui.ac.id/index.php/home/article/view/263/pdf_88 |
| contents |
Both Australia and Indonesia have made commitments to combatting human trafficking. Through the experience of Mary Jane Veloso it can be seen that it is most often the vulnerable ‘mule’ that is apprehended by law enforcement and not the powerful leaders of crime syndicates. It is unacceptable that those vulnerable individuals may face execution for acts committed under threat of force, coercion, fraud, deception or abuse of power. For this reason it is vital that a system of victim identification is developed, including better training for law enforcement, legal representatives and members of the judiciary. This paper builds on submissions by authors for Australian Parliamentary Inquiry into Human Trafficking, and focusses on issues arising in the complex cross section of human trafficking, drug trafficking, and the death penalty with particular attention on identifying victims and effective reporting mechanisms in both Australia and Indonesia. It concludes that, in the context of human trafficking both countries could make three main improvements to law and policy, among others, 1) enactment of laws that create clear mandatory protection for human trafficking victims; 2) enactment of criminal laws that provides complete defence for victim of human trafficking; 3) enactment of corporate reporting mechanisms. Systemic protection and support is not sufficiently available without clear legislative protection as this paper suggests together with standardised referral mechanisms and effective financial reporting mechanisms. The implementation can be achieved through collaborative responses and inter-agency coordination with data collection and properly trained specialists. |
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