PROBLEMATIKA PENEGAKAN TINDAK PIDANA PERDAGANGAN ORANG (STUDI KASUS EKSPLOITASI PEKERJA SEKSUAL)

MUH DIMAS NURUDIN WAHID RAFSANJANI, NIM.16340075 (2021) PROBLEMATIKA PENEGAKAN TINDAK PIDANA PERDAGANGAN ORANG (STUDI KASUS EKSPLOITASI PEKERJA SEKSUAL). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Trafficking is the most actual and fundamental issue, occurring not only in Indonesia but throughout the world. The emergence of various cases of trafficking include: acts of recruiting, transporting, harboring, sending, transferring, or receiving someone with the threat of violence, use of force, kidnapping, confinement, forgery, fraud, abuse of power, debt bondage, so as to obtain the consent of the person who has control over the person. others, for the purpose of exploitation or to cause exploitation of persons. The rise of trafficking in persons stems from economic, social, political, and cultural problems. Trafficking in persons not only tarnishes human dignity, but also tarnishes religious teachings. From the explanation above, an interesting problem emerges to be studied as a way to describe and analyze how Law No. 21 of 2007 concerning the Eradication of the Criminal Act of Trafficking in Persons provides sanctions against traffickers. This legal research is a normative legal research. The approach used is a qualitative approach method. This legal research is descriptive. Data collection techniques are carried out through literature studies, including several books, laws and regulations, documents, and journals. The data obtained were analyzed qualitatively. Based on this research, the sentence handed down by the Panel of Judges is not in accordance with the demands of the Public Prosecutor. The defendant was finally sentenced in relation to the crime of “intentionally causing or facilitating obscene acts by another person with another person, and using it as a livelihood”. Accordingly, the defendant was sentenced to 1 year in prison. The decision of the Panel of Judges which contradicts the demands of the Prosecutor can also be accepted because all the cases that have been considered by the Panel of Judges show that from all aspects of this case there were no criminal acts such as coercion or threats from the defendant against the witness, so it can be stated that the written claim in Law Number 21 of 2007 cannot incriminate the defendant's witness. From the refusal of the prosecution's demands by the Panel of Judges, this shows that the Crime of Trafficking in Persons (TPPO) is one of the cases that requires a high level of vigilance both from the community side and from the side of law enforcement officials

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