Prosecuting Recruitment Agencies for Human Trafficking: A Case from Indonesia
This paper demonstrates that Indonesia’s criminal justice system lacks the capacity to successfully investigate, prosecute and punish corportations for committing human trafficking. First, it considers legal and political arguments for treating corportations as legal subjects in human trafficking cases. Second, the paper outlines Indonesia’s current legal and policy framework for pursuing corporations that commit human trafficking and shows how the criminal justice system has treated corporations in the ten years since the Anti-Trafficking Law was enacted in 2007. Third, it presents a case study of the specific case facts and argumentation used to convict the first recruitment agency of human trafficking in 2015. In conclusion, the paper argues that in doing so, the state has set a legal precedent for handling similar crimes in the future, which has subsequently impacted practice in the recruitment industry.