LEGAL PROTECTION AGAINST CHILDREN WHO ARE VICTIMS OF HUMAN TRAFFICKING IN CIANJUR DISTRICT STUDIED BY HUMAN RIGHTS PERSPECTIVE

Trafficking in persons is a modern form of slavery. The eradication of human trafficking has been on the agenda in law enforcement because of its effects can interfere with social welfare. One form of trafficking in persons who lately is rampant child trafficking. The problems that can be studied is how the perspective of Human Rights in providing protection to children who are victims of trafficking and whether the implementation of legal protection for child victims of trafficking in Cianjur is in line with the concept of human rights. This study uses normative juridical approach and specification of descriptive analysis. Results from this study is the protection of child victims of trafficking in persons has been referred to the concept of human rights which the regional government make policies on prevention of trafficking, rehabilitation, counseling and empowerment of victims of human trafficking.


Introduction
Children, teenagers and adults as young people have very high expectation both for the family, society and State. 1 Child is one of the parties objects vulnerable to right violation.Definition of vulnerable groups are not defined explicitly in the legislation, as stated in Article 5 (3) of Law No. 39 of 1999 which states that Ω Funded by DIPA Kopertis Region IV, Ministry of Education and Culture, in accordance with the Letter of Assignment Agreement Competitive Research Grant No. 1045/K4/ KM/2014 on May 5, 2014.everyone, including vulnerable groups are entitled to treatment and protection with regard to specialization.
Recognation of the existence of children as subjects of human rights (read: human rights) are sui generis (rights holders as sui generis) marked when the Convention on the Rights of the Child (CRC) has been ratified by 193 countries.Thus 1 Dewi Asri Yustia, "Penerapan Restorative justice terhadap Orang Tuya Pelaku Perdagangan Anak dalam perspektif Sistem Peradilan Pidana Indonesia", Jurnal Ilmu Hukum, ISSN 0853-7100, Vol. 14 No. 1, 2013, Bandung:  Universitas Pasundan, page 1839.many as 193 government has received its obligetion to take all measures legislative, administrative, social, and appropriate educational to protect children from all forms and manifestations of violence.In reality, the implementation of human rights law relies heavily on the willingness and the objectives of the state. 2egulations regarding the protection of children's rights began with the Convention on the Rights of the Child (CRC).The Convention was approved by General Assembly of the United Nations (read: United Nations) on November 20, 1989 and ratified by Indonesia through Presidential Decree No. 36 of 1990 on the Ratification of the Convention on the Rights of the Child 25th August 1990.In the Convention on the Rights of the Child contained 4 (four) basic principles, namely the principle of non discrimination, the principle of the best interests of the child, the principle of the right to life, survival and development, the principle of respect for the views of the child.
In addition the second amendment of the 1945 Constitution Article 28 A till J has provided guarantees on human rights, which was later confirmed in Law No. 39 of 1999 on Human Rights.In such legislation does not distinguish between human rights on gender, class, rank and position, and age, so that everyone is entitled to protection.Follow-up of 1945 Constitution is the establishment of Law No. 21 Year 2007 on Combating the Crime of Human Trafficking.
In reality the number of children labor each year is increasing.This does't only happen in Indonesia but also in almost all parts of the world.Government data in 2011 mentioned, from 6,500,000 (six million five hundred thousand) cases of violence against children, more than 1,700,000 (one million seven hundred thousand) case is a case of child exploitation in bad classification, including cases of children working on nightclubs, domestic servants, miners, and in 2 Anita Kamilah, "Penyanderaan terhadap Penanggung Pajak dalam perspektif HAM dan Hukum Pidana", Jurnal Ilmu Hukum Mimbar Justitia, Vol.VI, No. 1, January-June 2014, Cianjur: Fakultas Hukum UNSUR, page 289.
the middle of the sea, but from 1,700,000 (one million seven hundred thousand) cases, the government is only able to handle 11,000 (eleven thousand) cases in a year. 3ccording to data from the Indonesian Child Protection Commission (KPAI) states that in 2012 received reports from the public as much 10.10523 million (ten million one hundred and five thousand two hundred thirty) Indone-sian children become victims of violations to special protection.The figures are grouped in 10 (ten) cluster, namely violence, children in conflict with the law, drugs, smoking, removal of the baby including abandonment and abducttion, child trafficking, pornography and sex addict, the child becomes a victim of suicide, early marriage and child workers, Children who are victims of trafficking for the purposes of commercial sexual exploitation also increased in 2012.Noted, 673 (six hundred and seventy three) cases occurred, up from the year 2011, namely 480 (four hundred eighty) case.The emergence of various crimes in a new dimension recently showed growing crime in accordance with the development of society. 4ased on data from International Organization for Migration (IOM) in 2009 the number of people trafficked as many as 3,044 (three thousand and forty-four) people.The amount is made up of the baby 0.2%, girls 22%, boys 4%, 67% of adult women and men 6.8%.Victims are generally trapped in slavery, trafficking, ulcerative debt bondage, prostitution, pornography, and illicit work. 5he application of laws and regulations related to the protection of trafficking victims can not be implemented optimally.This is due to lack of awareness and lack of comprehensive regulations for law enforcement and government officials are less sensitive to the practice of human trafficking.man being, Droits de l'homme (France), menschenrechte (Netherlands/Germany), Derechos humanos (Spain), Direitos humanos (Brazil), dirittiumani (Italy) and so on. 7ndonesia adheres to the principle and the concept of Pancasila contained in the Preamble to 1945 Constitution.In 1945 in the set of human rights, one of which is a children's rights, but in reality children in Indonesia who expe-rienced exploitation still in a big number.
Child is one of the parties objects vulnerable to rights violation.Definition of Vulnerable Groups are not defined explicitly in the legislation, as stated in Article 5 (3) of Law No. 39 of 1999 which states that everyone, including vulnerable groups are entitled to treatment and protection with regard to specialization.
Child trafficking issue is very complex, so that the prevention or mitigation of trafficking victims must be integrated. 8In addition, law enforcement should be improved in trafficking.Problematic law enforcement in Indonesia is a way of thinking that is very positistik legistis/ perspectives legislation. 9One that needs to be done is justice that has some characteristics with the concept of restorative justice eg criminal acts to be understood in the overall context, moral, social and economical and stigma can be removed through restorative actions. 10hild protection is an effort to hold a condition in which every child can exercise its rights and its obligations.The protection of children is any activity to ensure and protect children and their rights in order to live, grow, develop, and participate optimally in accor-dance with human dignity, as well as protection from violence and discrimination.
Indonesian government was very attentive to the phenomenon and the reality protection of children, in particular about the exploitation of children is considered as one of the forms of human rights violations.Legal protection is strongly related to hazards or risks that might arise and faced by children at work, considering the children have not been quite able to avoid the possibilities of the of the job risks.In the context of human rights protection, as human beings, children also have the same rights as other human beings on earth, namely the right that is understood as inherent rights naturally since he was born, and without it human beings (women and children) are can not live as human beings naturally.Every child is entitled to get protection if necessary, but also must be given a greater opportunity to participate in matters relating to older people obligation concerning their lives.The problem is, the availability of these regulations have not been followed by law enforcement in accordance with the Act, this time law enforcement officers more use the Penal Code (KUHP) to catch the perpetrators of hu-man trafficking whose have wider network but weak punishment and does not create a deterrent effect for offenders.Data derived from the National Police Criminal Investigation entire Police in Indonesia in 2007-2013, there were 267 cases of trafficking in the process as many as 137 cases, a total of 120 and the P21 in SP3 as many as 10 cases.Most cases of trafficking is only 50% (percent) cases were processed by prosecutor (JPU).

Implementation of The Law Protection of Child Trafficking Victims in Cianjur
As an illustration, the authors describe the data trafficking cases in Cianjur which can be seen in the table below: The data above shows that a change in the number of cases handled by several agencies, this is because that the complaint made by the victim to P2TP2A not all followed up into a report to the police to be resolved through legal channels.
Based on the results of the data above, not all victims report can handled by further action, related with human trafficking generally performed by syndicates and organized, makes it difficult to track down.Along with the trend of development and the demands of an increasingly complex society, it turns human trafficking victims continues to grow.The amount of the budget that has been issued by the state for development, it is not enough to eliminate the potential or possibility of human trafficking tragedies.In some cases, which occurred in almost all parts of the archipelago, the victims of trafficking in persons especially women and children get himself very traumatic, resulting in a very bad state, among others: the loss of a zest for life; loss of self-confidence; and loss of communication skills Given the problem of children and women trafficking are increasingly complex and widespread, it would require a variety of efforts for prevention, protection and handling.Legal protection of the victim can be done with reference to the perspective of human rights, namely through approach/humanist models, which can be 12 Yani Brilyani Tavipah, "Model Pembinaan Narapidana yang interaktif", Jurnal Ilmu Hukum Litigasi, Vol. 13, No. done through advocacy/legal assistance to obtain restitution/compensation, restoration of mental/psychological traumatic, socialization legislation, and empowerment economic community.Model approach to economic empowerment is protection efforts, because of the research results, victims of human trafficking are generally motivated by economic factors, namely poverty and consumptive life-style.The penal approach is charged to the offender.Cianjur districts make local regulations No. 3 of 2010 on the prevention of trafficking and establish a task force as well as the Integrated Services Center of Women and Children (P2TP2A).
Efforts to approach legal protection of victims, especially against children and women are in Cianjur which refers to the perspective of human rights carried out: first, spiritual awareness; secondly, formation of motivation; third, preparation skills training (life skills/life-skill); and fourth, assistance flocking through community institutions in order to create a healthy and constructive process of interaction with the community and became an important human resource and is able to contribute to the development.
Legal protection through a human rights perspective, it is expected to be produced: first, the conception of establishment handling trafficking victims that can be immediately applied to create economic productivity; second, creation of government institutional support and integrated society in dealing with victims of trafficking; and third, the stimulus through the creation of alternative productive economic skills training program.
Protection of law based on human rights perspective in Cianjur carried out cooperation which includes the involvement of all components of society, government, communities, and the most important is the role of the family.Therefore, taking into account the characteristics of the typical community public trust needs to be built.Regent and law enforcement plays an important role in communication and socialization law to build trust from the community. 12

Closing Conclusion
Based on the analysis conducted, it can be concluded that: firstly, the protection of children who are victims of human trafficking in persons in the perspective of human rights is to protect children and their rights in order to live, grow, develop, and participate optimally in accordance with the dignity humanity, as well as protection from violence and discrimination; second, implementation of legal protection for child victims of human trafficking in Cianjur refers to the concept of Human Rights, namely the establishment of regional Regulation No. 3 of 2010 on the prevention of trafficking in persons and the establishment of the task force and the Center for Women's and Children's Integrated Services (P2TP2A) in synergy with Local Government in assisting the protection of the law by providing legal assistance/advocacy, psychological assistance, and dissemination of laws and regulations, provision of skills training and economic empowerment approaches for victims of trafficking.
11Protection of children's rights is a human right which is guaranteed by Constitution of the Republic of Indonesia, namely in Article 28B.In this case the child should receive the widest possible opportunity to grow and develop optimally, both physically, mentally and socially.In Law No.

Table 1 .
The amount of HumanTrafficking Data Cases Handled By P2TP2A