Penerapan Asas Lex Specialis Derogat Legi Generali dalam Tindak Pidana Perdagangan Orang oleh Penyedia Jasa Pekerja Seks Komersial (Studi Putusan Nomor : 179/Pid.Sus/2023/PN.BIL dan Putusan Nomor 255/Pid.Sus/2022/PN.MJK)

Abstract

The crime of human trafficking is a crime that has rapid development, low risks but large profits. One of them is a provider of prostitute services. These prostitute service providers are tasked with looking for promiscuous men and providing commercial sex workers as permanent jobs. The formulation of the problem in this research is, How is the Classification of Criminal Acts and Criminal Liability in the Crime of Human Trafficking by Prostitution Service Providers According to Indonesian Criminal Law?, When is the Lex Specialis Derogat Legi Generali Principle Used in Criminal Law to Solve a Problem?, and How is the Principle Applied? Lex Specialis Derogat Legi Generali regarding the Crime of Human Trafficking by Commercial Sex Work Service Providers (Study of District Court Decision Number: 179/Pid.Sus/2023/PN BIL and District Court Decision Number: 255/Pid.Sus/2022/PN MJK). The research method used is normative juridical research with library study data collection techniques. Data analysis is qualitative. Criminal acts committed by prostitute service providers are liable under Articles 296 and 506 of the old Criminal Code as lex generalis, as well as Law Number 21 of 2007 concerning the Eradication of Criminal Acts of Trafficking in Persons as lex specialis. In Decision Number: 179/Pid.Sus/2023/PN Bil, the Judge decided in accordance with Article 296 of the old Criminal Code. Meanwhile, District Court Decision Number: 255/Pid.Sus/2022/PN MJK, the Judge decided in accordance with Article 2 paragraph (1) of Law Number 21 of 2007 concerning Eradication of the Crime of Human Trafficking. In accordance with the principle of lex specialis derogat legi generali, what is used is the Human Trafficking Crime Law. Judges should follow existing principles in accordance with their position as a basis for legal rules and as a guideline in the formation of law. So that applying this principle becomes the answer for judges in solving a problem where there is more than one legal rule and the same hierarchy.