This study aims to analyze the legal regulation of victims who are involved in the occurrence of people smuggling by looking at the forms of participation and the relationship between the perpetrator ...and the victim. The method used in this research is a qualitative descriptive method with a normative legal approach. The research was conducted by collecting facts of events in the field and analyzing them on the basis of the applicable laws and regulations. The results of the study conclude that victims of criminal acts of human smuggling can be subjects to legal proceedings. That is due to the human smuggling offenses or passive assistance with the severity of which is in accordance with the form and extent of their actions in realizing the crime.
People Smuggling is a rising phenomenon of Transnational Organized Crime. Indonesia has taken an important step to combat this phenomenon by ratifying the UN Protocol against Smuggling of Migrants ...which set of key obligations relating to People Smuggling. This normative legal research aims to identify and discuss the challenges to convert these obligations into practical outcomes. The research results show some practical challenges for the law enforcement agencies responsible for combating people smuggling which includes a number of issues that relate to the prosecutions of migrant smugglers and to the dismantling of smuggling networks. Therefore, it is necessary to have a model of law enforcement in handling a crime as complex as people smuggling by improving the legal substance, the legal structure as well as the community participation in regional perspectives.
For several decades, fishing sharks for their fins has provided important livelihoods for eastern Indonesian coastal communities that fish the Halmahera, Arafura and Timor Seas. Fishery and interview ...data collected in 2012-13 from three case studies on the islands of Seram, Aru and Rote were used to examine changes in shark fishers’ livelihoods over the preceding 20 years. While recent declines in catches and shark fin prices have had a substantial impact on fishers’ livelihoods, the fishery's low visibility in some areas of its geographic range and its political complexity in general have meant that government and international development agencies have largely been unaware of this impact. Many respondents remembered the Asian Financial Crisis in 1997-98 and the turn of the millennium as a time when sharks were still abundant and shark fin prices high, but were concerned about the on-going fall of shark fin prices since March 2012. High-value species, particularly guitarfish, hammerhead and sandbar sharks were most affected, losing up to 40% of their pre-2012 value. These changes, combined with the loss of fishing grounds, few attractive options for alternative income and restrictive debt relationships with shark fin bosses, have led some fishers to resort to high-risk activities such as blast fishing, illegal transboundary fishing, and people smuggling. This paper examines the multi-layered causes and consequences of fishers’ decision-making in response to adverse changes in their fishery, and explores options and obstacles to pursuing livelihoods that carry lower environmental, financial and personal risks.
•We use a transdisciplinary approach to examine shark fishing livelihoods.•Declining shark fin prices and catches have adversely affected fishers’ livelihoods.•The 2012 drop in shark fin prices caused a 40% reduction in value of some species.•Economic pressure, e.g. through debt, has led to high-risk livelihood activities.•Sustainable fisheries development must link global to local scales of governance.
This article introduces two case studies of underage transporters from Indonesia, who brought asylum seekers to Australia by boat and thus were convicted and jailed for the crime of people smuggling. ...In light of the hyper-politicised issue of people smuggling and the need to find punishable perpetrators, transporters have become the main target of anti-people-smuggling law enforcement. Both transporters came from poor families and started working early on in their lives, which also involved their deceptive recruitment into people-smuggling networks. But the outcome of their prosecutions differs substantially, not least, as one of them was convicted in an Australian court and the other in Indonesia. In this article, we problematise the culpability of underage smugglers and argue for more lenient treatment by law-enforcement authorities.
People smuggling is commonly associated with unidirectional movement, that is, procuring entrance from underpriviledged origin and transit countries to more desirable destinations that offer gainful ...employment and/or safety from human rights abuses. Yet, as we expose here, under certain circumstances migrants also make use of smugglers to return to their home countries. To examine this phenomenon more closely and explore why and under what conditions migrants seek out the services of smugglers in order to return from Malaysia to Indonesia, we have analysed 13 court verdicts and conducted eight interviews with law enforcement personnel responsible for arresting facilitators of unauthorised return migration ('smugglers'). Our findings show that return smuggling results predominantly from the inadequacy of options for authorised return, which are costly, time-consuming and have punitive elements. Based on these findings we propose a theoretical clustering along four different modes of return. By disentangling the causes that triggered the evolution of facilitated but unauthorised returns we offer new insights into ongoing debates concerning return migration and 'irregular' migration. The multi-directional nature of smuggling services between Malaysia and Indonesia thus demands that we take a fresh look at the facilitation-authorisation nexus, particularly the modalities and infrastructures accessible for returning migrants.
Analysis of prosecutions of people smugglers - people smuggling offences in Australia - prosecutorial practice relating to people smuggling - thematic review of cases - offender profile - extradition ...proceedings - prosecution of minors - judicial interpretation of offences - defences raised in trials.
This article takes up the critical discussion that has taken place at an international level by considering people smuggling as a crime. It focuses on clandestine transit migration of Cubans to ...Chile, associated with the trafficking of migrants, the latter understood as forced migration. From a collaborative ethnographic follow-up, the experience of clandestine transit migration is collected while reconstructing the motives, routes, the lack of a coyote figure, the abuses, the risks, the crossing of Chilean borders, and the denial of refuge. It is concluded that emphasizing the voluntariness of being smuggled contributes to the irregularization of migrants, which is why we consider it necessary to stop perceiving this phenomenon from a criminal perspective and consider the density social, cultural, political, and economic dimensions of people smuggling.
Este artículo retoma la discusión crítica que se ha dado a nivel internacional sobre la consideración del tráfico de migrantes como un delito. Se enfoca en el caso de la migración clandestina en tránsito de cubanos y cubanas hacia Chile, asociada al tráfico de migrantes, entendido este último como migración forzada. A partir de un seguimiento etnográfico colaborativo, se recoge la experiencia de esta migración y se reconstruyen los motivos, las rutas, la indefinición de la figura del coyote, los abusos, los riesgos, el cruce de las fronteras chilenas y la negación del refugio. Se concluye que poner énfasis en la voluntariedad de ser contrabandeado/a contribuye a la irregularización de las personas migrantes, motivo por el cual es necesario que se deje de observar este fenómeno desde la óptica penal y se considere la densidad del tránsito que implica el tráfico de migrantes, constituido por dimensiones sociales, culturales, políticas y económicas.
Facts of the Hadi Ahmadi case - personal background - criminal charges against Ahmadi - exploration of the modus operandi of people smugglers - comparison of Ahmadi case to other smuggling cases.
Migrant smuggling Tamura, Yuji
Journal of public economics,
08/2010, Letnik:
94, Številka:
7
Journal Article
Recenzirano
We analyze a model of the migrant smuggling market where smugglers differ in the capacity to exploit their clients' labor at the destination. We suggest that destination countries with limited ...resources may prefer to improve the apprehension of smugglers and their clients at the border rather than inland, although either one of these anti-smuggling measures would reduce migrant exploitation. The reason is twofold. First, even if the resulting improvement in border apprehension alone cannot eliminate smuggling, it can do so when combined with a severe penalty for smuggling. Second, even if it is impracticable to set the penalty for smuggling sufficiently high, improved border apprehension reduces smuggling by discouraging existing exploitative smugglers from smuggling, whereas improved inland apprehension either maintains or even increases it by inducing them and those who are not currently smuggling to take up nonexploitative smuggling.
This article examines people smuggling in the Kurdish borders between Turkey and Iran, and describes how members of local Kurdish border communities use their roles as kaçakçı (smuggler in Turkish) ...to navigate externalised EU border controls amid internal displacement and poverty. It draws upon ethnographic data collection between 2020 and 2022 in the Turkey-Iran border that has not been considered in studies on the EU-supported external counter-smuggling. This article specifically narrows down on corruption, an often mentioned yet understudied element of smuggling, and discusses the payment of bribes to border officials, and the creation of riskier routes to facilitate border crossing. We show how unequal access to corruption allow some people smuggling attempts to result in relatively uneventful passages while others are permeated by risks and death. While vilified by governments, corruption is also widely known and accepted as a social equalizer: as a safety valve that allows marginalized Kurds – both kaçakçı and border and security guards – to navigate precarity and survive borderland enforcement regimes. Our analysis from the perspectives of Kurds working as kaçakçı in the context of conflict and internal displacement seeks to move away from the dominant lens used in the analysis of people smuggling, which has almost solely examined it as a form of transnational organized crime and/or as an element of externalised border governance.
PDF
