ANALISIS YURIDIS TENTANG TIDAK PIDANA PERDAGANGAN MANUSIA DITINJAU DARI UNDANG-UNDANG NOMOR 21 TAHUN 2007 TENTANG PERDAGANGAN MANUSIA (STUDI KASUS PUTUSAN No. 331/Pid.B /2011/PN.MDO)

Abstract

Many parties agree that the crime of trafficking in human beings is a very serious violation of human rights because the effects of this crime result in the destruction of the lives of the victims. At its worst, human trafficking is a violation of a number of human rights, such as the right to life, the right to personal liberty, the right to security, the right to welfare, the right to justice, the right to decent working conditions, and the right to self-development. Against the background of this problem, a juridical analysis of the driving factors for the crime of human trafficking and the consideration of the judge in deciding the case of human trafficking in Decision No. 331/Pid.B/2011/PN.MDO is conducted. The research method is normative legal research type, which uses secondary data and is analyzed qualitatively. The results of the research are the driving factors of human trafficking including poverty. Lack of education and information. Conflict and humanitarian crisis. Social and gender inequality and demand in the destination country. The public prosecutor sentenced the defendant to 18 years imprisonment, but the judge sentenced him to 3 years imprisonment based on the fact that the defendant was not the sole perpetrator (main), so the defendant was subject to Article 2 paragraph (1) of Law Number: 21 of 2007 concerning the eradication of the crime of trafficking in persons in conjunction with Article 55 paragraph (1) to 1 of the Criminal Code with a sentence of 3 years imprisonment