TINJAUAN YURIDIS PENETAPAN SANKSI MINIMUM DALAM PIDANA PERDAGANGAN ORANG (STUDI PUTUSAN NOMOR: 419/PID.SUS/2020/PN SMN)

Zhafran Anas Firdaus, NIM. 17103040047 (2022) TINJAUAN YURIDIS PENETAPAN SANKSI MINIMUM DALAM PIDANA PERDAGANGAN ORANG (STUDI PUTUSAN NOMOR: 419/PID.SUS/2020/PN SMN). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Growing information technology is frequently used as a conduit for prostitution transactions. Law No. 21 of 2007 concerning eradicating the crime of human trafficking regulates prostitution in Indonesia as a state of law. Article 12 of Law No. 21 of 2007 stipulates a minimum sentence of 3 years, a maximum sentence of 15 years, and a minimum fine of Rp. 120,000,000 and a maximum fine of Rp. 600,000,000 may be imposed for the crime of prostitution. However, in the Decision of the Sleman District Court Number: 419/Pid.Sus/2020/PN-Smn, the perpetrators were sentenced to less than the minimum limit. The following questions arise due to these issues: first, whether the punishment for Decision Number: 419/Pid Sus/2020/PN-Smn imposed appropriate criminal sanctions? Second, in the decision Number: 419/Pid.Sus/2020/PN-Smn, how is the judge's consideration in deciding the criminal sanction of fines taken into account? The authors conducted their research using library research and field research. The compilers used primary data from interviews, secondary data from books, journals, and documents, and tertiary data from encyclopedias and dictionaries. Statutory regulations are the legal documents that are used. The qualitative analysis methods were used in the data analysis technique. The theoretical framework used in this research is the theory of the purpose of punishment, substantive justice, a double-track system, and legal discovery. The empirical approach used in this study was an empirical juridical approach, which looked at the judge's consideration of the decision Number: 419/Pid.Sus/2020/PN-Smn, which was then adjusted to the laws and regulations, legal principles and theories, and the theoretical framework used in this research is the theory of the purpose of punishment, substantive justice, double track system, and legal. The findings of this study show that: first, the panel of judges determined that the defendant's actions met the requirements of Article 12 of Law No. 21 of 2007, but in imposing a crime in order to uphold the value of the purpose of criminal law and the purpose of punishment. The judge did not overlook the value of substantive justice in his decision Number: 419/Pid Sus/2020/PN-Smn. Second, the implementation of the minimum criminal provisions (straf minima) in Law No. 21 of 2007 aims to prevent the crime of human trafficking, which is disruptive to society and can turn into a threat that harms and endangers the community.

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