Electronic Theses and Dissertation

The victim status of sexual exploitation in procuring practices demonstrates that as a prostitution, leading to the mischaracterization of individuals involved as offenders rather than victims. Both Indonesian Law Number 21 of 2007 on the Eradication of the Criminal Act of Trafficking in Persons and the Palermo Protocol, however, regulate sexual exploitation prostitution by third parties. This research aims to analyse the victim status of sexually exploited persons in procuring practices and to compare the similarities and the differences of the regulatory approach of Indonesian Trafficking Law and Palermo Protocol. This study employs a normative juridical method with a comparative approach, examining Indonesian Trafficking Law alongside Palermo Protocol. It applies a statutory approach, a conceptual approach grounded in victimology and exploitation theory and a comparative approach. The results indicate that both Indonesian Trafficking Law and Palermo Protocol do not explicitly establish specific criteria for determining victim status, instead the two of regulations recognize sexual exploitation in procuring practices as human trafficking through the act-means-purpose framework. The similarities are adopting a victim-centered, human rights approach that prioritizes exploitation over consent. The differences, first, the Indonesian Trafficking Law provides a more detailed regulation of victim’s consent than the Palermo Protocol. Second, Indonesian law still reflects some proximity to morality-based interpretation than Palermo Protocol. Third, Indonesian Trafficking Law offering more technical procedural mechanisms for victim protection and recovery than Palermo Protocol. The recommendations are to strengthen a victim-centered approach in Indonesian legal practice. As well as to reinterpret and reformulate morality-based legal language so that prostitution especially involving third parties is consistently understood as a form of exploitation.