The Juridical Review of Indonesian Authority in Applying Criminal Sanctions on PT. Pusaka Benjina Resources in the Practice of Slavery according to the Slavery Convention

Abstract

Human rights is one of the important instruments in the existence of life must be protected. Crimes against Human Rights received great attention from the international community. Some time ago, the world had to pay attention to the case of slavery ship's Men were mostly citizens of Thailand, Myanmar, Cambodia and Laos who allegedly carried on board the former foreign-flagged Thailand operating in Indonesia precisely in Benjina, the Aru Islands, the Maluku allegedly committed by Indonesian fishing company. This study aims to transform and determine the role and responsibilities of Indonesia as a country, according to the 1926 Slavery Convention, the place where the alleged criminal acts on the practice of slavery happened and how the existing Indonesian laws governing the application of criminal sanctions for perpetrators of slavery. This research is a descriptive normative law. The data used is secondary data. Normative legal research is a research literature that research on secondary data. Data collection techniques used is a literature study by reviewing the materials concerned with the problem in this study. Data were analyzed using deductive method. Based on the results of research and discussion can be obtained that, Slavery Convention in 1926 had the effect of indirectly to the establishment of criminal sanctions in the positive law of Indonesia to combat the crime of slavery, including through legislation on the eradication of trafficking in persons, human rights and labor in particular to apply to criminal cases of slavery as practiced by PT. Pusaka Benjina Resources. Although it is known that Indonesia did not ratify the Slavery Convention in 1926 but, through Indonesia's ratification of ILO Convention No.105 among its values rooted in the Slavery Convention 1926 as a bridge to the formation of positive law for the crime of slavery in Indonesia.