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TINJAUAN YURIDIS TERHADAP PELAKU EKSPLOITASI EKONOMI DAN SEKSUAL TERHADAP ANAK DI BAWAH UMUR (STUDI PUTUSAN : NOMOR 42/PID.SUS/2024/PN YYK)
Human trafficking accompanied by sexual exploitation is a form of crime that constitutes a serious violation of human rights, particularly against women and children as victims. Victims not only suffer physical and psychological harm, but also lose protection of their dignity and fundamental rights as human beings. In law enforcement practice, judges’ decisions often place greater emphasis on legal certainty based on the indictment submitted by the Public Prosecutor, so that legal protection for victims has not fully reflected substantive justice. This study aims to analyze the forms of legal protection for victims of sexual exploitation in the crime of human trafficking and to examine judicial considerations in realizing a balance between legal certainty and justice for victims. This study employs a normative legal research method using statutory and case approaches. The sources of data consist of primary legal materials in the form of legislation, court decisions, and interviews with judges as supporting data, while secondary legal materials were obtained from books, scientific journals, and legal literature relevant to the object of the study. The collection of legal materials was carried out through library research and interviews, which were then analyzed qualitatively using a descriptive-analytical method to obtain a comprehensive understanding of legal protection for victims in criminal justice practice. The research results show that legal protection for victims of sexual exploitation in human trafficking crimes has been normatively regulated in various laws and regulations, but its implementation still has limitations because judges are bound by the scope of the indictment filed by the public prosecutor. This condition leads to decisions that emphasize legal certainty more than the fulfillment of substantive justice for victims, such as the restoration of victims' fundamental rights, rehabilitation efforts, and psychological recovery for victims. Therefore, a more responsive criminal law reform through the new Criminal Code and an increased role of law enforcement officials are needed so that legal protection for victims is not merely formal but also capable of providing real justice for victims.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 22103040135 Bagus Prayogo Pangestu
TINJAUAN YURIDIS TERHADAP PELAKU EKSPLOITASI EKONOMI DAN SEKSUAL TERHADAP ANAK DI BAWAH UMUR (STUDI PUTUSAN : NOMOR 42/PID.SUS/2024/PN YYK) (Text)
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