Corporate Criminal Responsibility for Trafficking in Persons and Child Sexual Exploitation

DOI

10.2991/978-2-38476-325-2_29How to use a DOI?

Keywords

Human Trafficking; Exploitation; Corporations

Abstract

This study aims to analyse that employment agreements can be null and void if there are indications of trafficking in persons, including sexual exploitation of children. In addition, this study applies the criminal liability of corporations that commit trafficking in persons, including child sexual exploitation. This research uses a conceptual approach and a case approach with the source of legal materials used as primary and secondary legal materials or literature studies, with prescriptive analysis. The study shows that human trafficking, including child exploitation, is primarily a mode of labour recruitment. In recruiting workers, employers are required to make employment agreements with workers. Labor agreements that do not observe law, decency, and norms of justice and violate human rights provisions guaranteed by the Constitution that expose workers may qualify that such contracts fall under the criminal offense of trafficking in persons, including child sexual exploitation. However, this evidence cannot be proven by a formal employment agreement alone, and it must be done with measures of prohibited consequences. Furthermore, the results of this study are human trafficking crimes, including sexual exploitation of children committed by corporations, so those who can be held accountable are corporations and management. This finding correlates with the development of criminal law in Indonesia, which places corporations and corporate administrators as legal subjects, just as individuals are.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Herman
AU  - Oheo Kaimuddin Haris
AU  - Ali Rizky
AU  - Sitti Aisah Abdullah
AU  - Fuad Nur
AU  - Reflian Budini
PY  - 2024
DA  - 2024/12/19
TI  - Corporate Criminal Responsibility for Trafficking in Persons and Child Sexual Exploitation
BT  - Proceedings of the ASEAN Conference on Sexual Exploitation of Children (ACOSEC 2024)
PB  - Atlantis Press
SP  - 254
EP  - 262
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-325-2_29
DO  - 10.2991/978-2-38476-325-2_29
ID  - 2024
ER  -