Analisis Hukum Terhadap Tindak Pidana Perdagangan Orang Dengan Jaringan Internasional (Studi Putusan Nomor 2382/Pid.Sus/2023/Pn. Mdn)

Abstract

Human trafficking is a problem of widespread concern, so to overcome the crime of human trafficking, the government ratified the UN protocol by issuing Law No. 21 of 2007 concerning the Eradication of the Crime of Human Trafficking. This study aims to analyze the legal aspects related to the crime of human trafficking with an international network, focusing on Decision Number 2382 / Pid.Sus / 2023 / PN. Mdn as a case study. So that the formulation of the research problem is as follows: how is the legal regulation for victims of human trafficking based on Indonesian criminal law? How is the criminal responsibility for perpetrators of human trafficking in an international network? How is the analysis of legal considerations in sentencing perpetrators in decision number 2382 / pid.sus / 2023 / pn. mdn ? This study uses a normative legal research method. Therefore, the data used includes primary, secondary and tertiary data. Data was collected using literature study techniques. Furthermore, the data was analyzed using qualitative data analysis methods. Legal Regulations for Victims of Human Trafficking in Indonesia are regulated in Law Number 21 of 2007 concerning the Eradication of Human Trafficking. Meanwhile, legal regulations for human trafficking with international networks are regulated in the Palermo Protocol (2000). Criminal Responsibility for Perpetrators of Human Trafficking in International Networks includes the application of national law, but also requires international cooperation. Through international agreements, extradition, and exchange of information, perpetrators can be faced with criminal sanctions commensurate with their actions. Analysis of legal considerations in Decision Number 2382/Pid.Sus/2023/Pn. Mdn, that the decision of the panel of judges is different from the demands of the public prosecutor, this is because the judge considered that all elements of Article 81 Jo Article 69 of Law No. 18 of 2017 concerning the Protection of Indonesian Migrant Workers Jo Article 55 paragraph (1) to 1 of the Criminal Code have been fulfilled, so the Defendants must be declared legally and convincingly proven to have committed the crime as charged in the Third alternative charge. The Panel of Judges of the Medan District Court only sentenced the Defendants to 3 (three) years and 6 (six) months in prison, and a fine of Rp10,000,000.00 (ten million rupiah) each, with the provision that if the fine is not paid, it will be replaced with imprisonment for 2 (two) months each.