Article 27
(1) All citizens shall be equal before the law and the government and shall be required to respect the law and the government, with no exceptions.
(2) Every citizen shall have the right to work and to earn a humane livelihood.
(3) Each citizen shall have the right and duty to participate in the effort of defending the state.
Article 28G
(1) Every person shall have the right to protection of his/herself, family, honour, dignity, and property, and shall have the right to feel secure against and receive protection from the threat of fear to do or not do something that is a human right.
(2) Every person shall have the right to be free from torture or inhumane and degrading treatment, and shall have the right to obtain political asylum from another country.
Article 28I
(1) The rights to life, freedom from torture, freedom of thought and conscience, freedom of religion, freedom from enslavement, recognition as a person before the law, and the right not to be tried under a law with retrospective effect are all human rights that cannot be limited under any circumstances.
(2) Every person shall have the right to be free from discriminative treatment based upon any grounds whatsoever and shall have the right to protection from such discriminative treatment.
(3) The cultural identities and rights of traditional communities shall be respected in accordance with the development of times and civilisations.
(4) The protection, advancement, upholding and fulfilment of human rights are the responsibility of the state, especially the government.
(5) For the purpose of upholding and protecting human rights in accordance with the principle of a democratic and law-based state, the implementation of human rights shall be guaranteed, regulated and set forth in laws and regulations.
Article 297.
Trade in women and minors of the male sex shall be punished by a maximum imprisonment of six years.
Article 301.
The person who surrenders or leaves a child under the age of twelve years who is under his legal authority to another person, knowing that it will be used for begging or carrying out begging, for performing dangerous feats or dangerous labour or labour detrimental to the health, shall be punished by a maximum imprisonment of four years.
Article 324
Any person who for his own account or for another’s account deals in slaves or commits and act dealing in slaves, or intentionally participates indirectly or directly in any of such acts shall be punished by a maximum imprisonment of twelve years.
Article 325
(1) Any person who goes into service or serves as a captain on a vessel knowing that the vessel is destined for dealing in slaves, or using the vessel for dealing in slaves, shall be punished by a maximum imprisonment of twelve years.
(2) If the transport causes the death of one or more slaves, the captain shall be punished by maximum imprisonment of fifteen years.
Article 326
Any person who goes into service as a shipmate on a vessel, knowing that the vessel is destined or used for dealing in slaves, or if he voluntarily remains in service, after having known that the vessel is destined or used for dealing in slaves, shall be punished by a maximum imprisonment of nine years.
Article 327
Any person who for his own account or for another’s account, either indirectly or directly, assists in hiring, loading, or insuring a vessel, knowing that the vessel is destined or used for dealing in slaves, shall be punished by a maximum imprisonment of eight years.
Article 328
Any person who carries off someone from the place of his residence or his temporary stay with intent to bring him unlawfully under his or someone else’s power or to place him in a hapless state, shall, being guilty of kidnapping, be punished by a maximum imprisonment of twelve years.
Article 333
(1) Any person who with deliberate intent and unlawfully deprives someone or keeps someone deprived of his liberty, shall be punished by a maximum imprisonment of eight years.
(4) The sentence laid down in this article shall also be applicable to any person who with deliberate intent provides a place for the unlawful deprivation of liberty.
Article 334
(1) Any person by whose negligence someone is deprived or kept deprived of his liberty, shall be punished by a maximum light imprisonment of three months or a maximum fine of three hundred rupiahs.
Article 335
(1) By a maximum imprisonment of one year or a fine of three hundred rupiahs shall be punished:
1st any person who unlawfully forces another by force, by any other battery or by an offensive treatment or by threat of force, of any other battery, or also of an offensive treatment, aimed either against the other person or against a third party, to do, to omit or to tolerate something;
2nd-ly any person who forces another by threat of slander or libel to do, to omit or to tolerate something.
(2) In the case described under 2nd-ly the crime hall not be prosecuted except under complaint by the person against whom it has been committed.Indonesia Penal Code
Article 1
In this Act referred to as:
1. Trafficking is the act of recruitment, transportation, shelter, transportation, transfer, or receipt of a person with the threat of violence, the use of violence, abduction, confinement, forgery, fraud, abuse of power or position of vulnerability, debt bondage, or provide payment or benefit, so as to obtain approval from the person having control over another person, whether committed in the country and among state, for the purpose of exploitation or the cause of the exploited.
2. Crime of Trafficking in Persons is any action or series of actions that meet the elements of the offenses specified in this Act.
7. Exploitation is the act with or without the consent of the victim, including but not limited to prostitution, forced labor or services, slavery or practices similar to slavery, oppression, extortion, use of physical, sexual, reproductive organs, or unlawfully removing or transplanting organs and / or body tissues or take advantage of someone by force or the ability of other parties to benefit both material and immaterial.
8. Sexual exploitation is any use of sexual organs or other organs of the victim to make a profit, including but not limited to all activities of prostitution and fornication.
15. Debt bondage is the act of placing persons in a state or a state pledge or forced to pledge his or her family or those which it is responsible, or his personal services as a form of debt repayment.
Article 2
(1) Any person who did the recruitment, transportation, shelter, transportation, transfer, or receipt of a person by threats of violence, the use of violence, abduction, confinement, forgery, fraud, abuse of power or position of vulnerability, debt bondage, or provide pay or benefits even if obtained consent of the person having control over another person, for the purpose of exploiting that person in the region Republic of Indonesia, shall be punished with imprisonment for 3 (three) years and a maximum of 15 (fifteen) years and fined at least Rp120.000.000, 00 (one hundred twenty million rupiah) and maximum Rp600.000.000, 00 ( six hundred million rupiah). (2) If the acts referred to in paragraph (1) lead to the exploitation, the offender shall be punished by the same as referred to in paragraph (1).
Article 3
Every person who enters people into the territory of the Republic of Indonesia with a view to exploitation in the territory of the Republic of Indonesia or exploited in any other country shall be punished with imprisonment for 3 (three) years and a maximum of 15 (fifteen) years and a criminal fine of at least Rp120 .000.000,00 (one hundred twenty million rupiah) and maximum Rp600.000.000, 00 (six hundred million rupiah).
Article 4
Every person who brings an Indonesian citizen outside the territory of the Republic of Indonesia with a view to exploit outside the territory of the Republic of Indonesia shall be punished with imprisonment for 3 (three) years and a maximum of 15 (fifteen) years and a criminal fine of at least Rp120. 000,000.00 (one hundred twenty million rupiah) and maximum Rp600.000.000, 00 (six hundred million rupiah).
Article 5
Any person committing adoption by promising something or give something in order to be exploited is liable to imprisonment for 3 (three) years and a maximum of 15 (fifteen) years and fined at least Rp120.000.000, 00 (one hundred and twenty million rupiah) and maximum Rp600.000.000, 00 (six hundred million rupiah).
Article 6
Any person sending the child into or out of the country in any manner that resulted in the exploitation of children shall be punished with imprisonment for 3 (three) years and a maximum of 15 (fifteen) years and fined at least Rp120.000.000, 00 (one hundred twenty million rupiah) and maximum Rp600.000.000, 00 (six hundred million rupiah).
Article 7
(1) If the crime referred to in Article 2 paragraph (2), Article 3, Section 4, Article 5 and Article 6 resulted in the victim suffered serious injuries, severe mental disorders, other infectious diseases that endanger their souls, pregnancy, or disrupted or loss of reproductive function, then the threat of criminal plus 1 / 3 (one third) of the sentence in Article 2 paragraph (2), Article 3, Section 4, Article 5 and Article 6.
(2) If the criminal offense referred to in Article 2 paragraph (2), Article 3, Section 4, Article 5 and Article 6 resulting in the death of the victim, shall be punished with imprisonment not less than 5 (five) years and a maximum of life imprisonment and criminal fine of at least Rp200.000.000, 00 (two hundred million rupiah) and a maximum of 5,000,000,000, 00 (five billion rupiah).
Article 8
(1) Any state officials who abuse power which resulted in a criminal act of trafficking in persons as defined in Article 2,
Section 3, Article 4, Article 5 and Article 6 of the criminal plus 1 / 3 (one third) of the sentence in Article 2, Article 3, Section 4, Article 5 and Article 6.
(2) In addition to criminal sanctions as referred to in paragraph (1) the perpetrator can be charged an additional penalty of dismissal is not with respect from his position.
(3) additional Criminal referred to in paragraph (2) are included as well in the ruling of the court.
Article 9
Anyone who is trying to mobilize others to do the criminal act of trafficking in persons, and crime did not happen, is liable to imprisonment for 1 (one) year and a maximum of 6 (six) years and fined at least Rp40.000.000, 00 (forty million rupiah) and maximum Rp240.000.000, 00 (two hundred forty million dollars).
Article 10
Everyone who helped or attempted to commit criminal acts of trafficking in persons, shall be punished by the same as referred to in Article 2, Section 3, Article 4, Article 5 and Article 6.
Article 11
Any person who plans or do evil conspiracy to commit criminal acts of trafficking in persons, shall be punished by the same as the perpetrator referred to in Article 2, Section 3, Article 4, Article 5 and Article 6.
Article 12
Every person who uses or exploit victims of human trafficking by way of intercourse or other lewd acts with victims of human trafficking, employing victims of human trafficking to continue the practice of exploitation, or take advantage of the proceeds of crime of trafficking in persons is liable to a criminal same as referred to in Article 2, Section 3, Article 4, Article 5 and Article 6.Indonesia Trafficking in Persons Law
Article 35
(3) In employing people who are available for a job, the employers as referred to in subsection (1) are under an obligation to provide them with protection, which shall include protection for their welfare, safety and health, both mental and psychical.
Article 68
Entrepreneurs are not allowed to employ children.
Article 69
(1) Exemption from what is stipulated under Article 68 may be made for employment of children aged between 13 years and 15 years old for light work as long as the job does not stunt or disrupt their physical, mental and social developments.
Article 74
(1) Every body shall be prohibited from employing children in the worst forms of child labour [literal: in the worst jobs].
(2) The worst forms of child labour as referred to under subsection (1) include:
a. All kinds of jobs in the form of slavery or practices similar to slavery;
b. All kinds of job that make use of, procure, or offer children for prostitution, the production of pornography, pornographic performances, or gambling;
c. All kinds of job that make use of, procure, or involve children for the production and trade of alcoholic bevereges, narcotics, psychotropic substances, and other addictive substances; and/or
d. All kinds of job harmful to the health, safety and moral of t he child.
Article 88
(1) Every worker has the right to earn a living that is decent from the viewpoint of humanity.
(3) The [required government] wage policy that protects workers as referred to under subsection (2) shall include:
a. Minimum wages;
Article 90
(1) Entrepreneurs are prohibited from paying wages lower than the minimum wages as referred to under article 89.Indonesia Labour LAw
Article 30
(1) Indonesia Migrant Workers cannot be borne with placement cost.
(2) Further provisions regarding placement cost as referred to in section (1) are regulated by regulation of the Head of Board.
Article 31
Indonesia Migrant Workers can only work in destination country that:
a. Has legislation that protects foreign workers;
b. Has a written agreement between the government of destination country and the Government of the Republic of Indonesia; and/or
c. Has a Social Security system and/or insurance that protects foreign workers.
Article 32
(1) Central Government may stop and/or prohibit the placement of Indonesian Migrant Workers for certain countries or certain positions abroad based on following considerations:
a. Security
b. Human rights protection;
c. Equal job opportunities; and/or
d. Labour availability in accordance with the national needs
Article 33
Central Government and Local Government provide legal protection for Indonesia Migrant Workers in accordance with the legislation, law in destination country, as well as international law and custom.Indonesia Protection of Indonesian Migrant Workers law, 2017