Tinjauan Yuridis Terhadap Tindak Pidana Penyelundupan Manusia Yang Dilakukan Secara Bersama Sama Di Pengadilan Negeri Dumai (studi Kasus Perkara No. 216/pid.sus/2020/pn Dum

Melta, Adri Yalfida (2023) Tinjauan Yuridis Terhadap Tindak Pidana Penyelundupan Manusia Yang Dilakukan Secara Bersama Sama Di Pengadilan Negeri Dumai (studi Kasus Perkara No. 216/pid.sus/2020/pn Dum. Other thesis, Universitas Islam Riau.

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Abstract

This study aims to determine the process of proving the crime of people smuggling which was carried out jointly at the Dumai District Court in case no. 216/Pid.Sus/2020/Pn Dum and the considerations of the panel of judges in deciding the criminal act of people smuggling which was carried out jointly at the Dumai District Court in case No. 216/Pid. Sus/2020/Pn Dum. The type of research used in this research is normative research. The results of the study obtained evidence of the crime of human smuggling which was carried out jointly at the Dumai District Court in case No. 216/Pid.Sus/2020/Pn Dum complied with the Public Prosecutor's indictment with a single indictment as stipulated in Article 120 Paragraph (1) of the Law of the Republic of Indonesia Number 6 of 2011 concerning Immigration Juncto Article 55 Paragraph (1) 1st of the Indonesian Book of Law Criminal Law, the elements of which are the Elements of Every Person and the Elements of those who commit, order to do and those who participate in committing the act. The considerations of the panel of judges in deciding the crime of human smuggling which was carried out jointly at the Dumai District Court in case no. 216/Pid.Sus/2020/Pn Dum considers, that because the Defendant was proven legally and convincingly guilty of committing the crime as mentioned above and during the examination of this case nothing was found that could release the Defendant from criminal responsibility either as a reason justification or excuse, then the Defendant must be sentenced to a sentence commensurate with his mistakes and actions, namely imprisonment for 5 (five) years and a fine of Rp. imprisonment for 1 (one) month; In this case the Defendant has been subject to legal arrest and detention, so the period of arrest and detention must be deducted entirely from the sentence imposed.

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