eprintid: 49726
rev_number: 10
eprint_status: archive
userid: 12259
dir: disk0/00/04/97/26
datestamp: 2022-02-24 06:17:22
lastmod: 2022-02-24 06:17:22
status_changed: 2022-02-24 06:17:22
type: thesis
metadata_visibility: show
creators_name: ANYTA SARI, NIM. 18103040117
title: PROBLEMATIKA PENERAPAN NORMA TINDAK PIDANA
PERDAGANGAN ORANG DALAM PRAKTIK PROSTITUSI
ispublished: pub
subjects: il_huk
divisions: il_hum
full_text_status: restricted
keywords: Trafficking in Persons, Prostitution, Pimps
note: FAIQ TOBRONI, S.H.I., M.H., M.Sc., M.S.I
abstract: The crime of trafficking in persons is a global phenomenon which is one of 
the most common cases in Indonesia. In some cases the crime of trafficking in person
is intertwined with the practice of prostitution. This is as happened in the case of case
Number 493/Pid.Sus/2020/PN.Smn. 
From the explanation above, researchers are interested in further researching
how problematic the application of the crime of trafficking in persons in prostitution
is. The researcher has a problem formulation, namely how is the meaning of the
practice of trafficking in persons by the prosecutor in the decision and why the
interpretation of the law by the judge and prosecutor in responding to the indictment
of the criminal act of trafficking in persons in the case with the decision number:
493/Pid.Sus/2020/PN.Smn is different. 
With qualitative research methods, types of field research, descriptive legal
research, and using an empirical juridical approach. This study mentions the
following. First, the Prosecutor considered the case to be the crime of trafficking in
persons on the grounds that all the facts at the trial showed that all of them had
fulfilled the elements in the crime of trafficking in persons article. Second, however,
the panel of judges did not see any element of coercion in the case, so the panel of
judges decided with the article facilitating ordinary obscene acts. 
Based on this research, the Panel of Judges handed down the decision
"intentionally causing/facilitating obscene acts by other people with other people, and
making it a quest/habit". From this decision, the Defendant was sentenced to
imprisonment for 1 (one) year 4 (four) months. The verdict of the panel of judges
differs from the indictment given by the public prosecutor, namely the public
prosecutor considers the crime committed by the defendant to be a criminal act of
trafficking in persons as stated in the first alternative indictment. The panel of judges
did not see that all the elements contained in the crime of trafficking in persons law
were fulfilled, so the panel of judges could not decide with the first alternative
charge. However, the panel of judges considered it a crime contained in Article 296
of the Criminal Code. From the non-acceptance of the demands by the public
prosecutor, this shows that there are various legal interpretations by law enforcers in
responding to the case
date: 2022-01-13
date_type: published
pages: 117
institution: UIN SUNAN KALIJAGA YOGYAKARTA
department: FAKULTAS SYARI'AH DAN HUKUM
thesis_type: skripsi
thesis_name: other
citation:   ANYTA SARI, NIM. 18103040117  (2022) PROBLEMATIKA PENERAPAN NORMA TINDAK PIDANA PERDAGANGAN ORANG DALAM PRAKTIK PROSTITUSI.  Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.   
document_url: https://digilib.uin-suka.ac.id/id/eprint/49726/1/18103040117_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf
document_url: https://digilib.uin-suka.ac.id/id/eprint/49726/2/18103040117_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf