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

Human trafficking is widely regarded as a grave violation of human rights, with devastating effects on victims’ lives. It infringes on multiple rights, including the rights to life, liberty, security, welfare, justice, decent work, and self-development. This study conducts a juridical analysis of the factors driving human trafficking and examines judicial considerations in Decision No. 331/Pid.B/2011/PN.MDO. The research uses a normative legal approach with qualitative analysis of secondary data. Findings indicate that key contributing factors include poverty, lack of education and information, armed conflict and humanitarian crises, social and gender inequality, and high demand in destination countries. In the case analyzed, the public prosecutor sought an 18-year prison sentence for the defendant. However, the judge imposed only a 3-year sentence, reasoning that the defendant was not the main perpetrator. The court applied Article 2(1) of Law No. 21 of 2007 on the Eradication of the Crime of Trafficking in Persons, in conjunction with Article 55(1) of the Criminal Code. This decision highlights discrepancies between prosecutorial demands and judicial judgments, as well as the complexity of assigning responsibility in trafficking cases where multiple actors may be involved.