Analisis Hukum Putusan Hakim Pengadilan Negeri Bengkalis Terhadap Pelaku Tindak Pidana Perdagangan Orang (Studi Kasus Perkara Nomor : 362/Pid.Sus/2020/PN Bls)

Cakra Putra, Andi (2022) Analisis Hukum Putusan Hakim Pengadilan Negeri Bengkalis Terhadap Pelaku Tindak Pidana Perdagangan Orang (Studi Kasus Perkara Nomor : 362/Pid.Sus/2020/PN Bls). Masters thesis, Universitas Islam Riau.

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Abstract

Decision on this case uses Article 83 in conjunction with Article 68 in conjunction with Article 5 of Law no. 18 of 2017 concerning the Protection of Indonesian Migrant Workers in conjunction with Article 53 paragraph (1) of the Criminal Code in conjunction with Article 55 paragraph (1). In fact, if seen based on the results of the investigation and investigation by the Riau Police which was submitted to the Public Prosecutor in the P21 file, it indicates that in the case of Decision Number 362/Pid. Sus/2020 /PN Bls. is more specifically leads to the crime of trafficking in persons, this is as stated in Article 1 of Law no. 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons. Based on this phenomenon, this study sets out 2 main problems, namely: First, how is the Proving Process for the Case of Decision Number 362 Pid. Sus 2020/PN Bls so that the defendant was sentenced based on Law no. 18 of 2017 concerning the Protection of Indonesian Migrant Workers. Second, what is the judge's consideration in deciding the criminal case Number (Study of Decision Number 362 Pid. Sus 2020 PN Bls). This study uses a normative juridical research method, which is a study by studying the documents of the Court Decision No. (Study of Decision No. 362 Pid. Sus/2020/PN Bls). by elaborating on the application and consideration of the judge's decision. Based on its nature, the research is descriptive-analytical in nature, that is, it provides researched data regarding the problems that the authors raise in order to strengthen existing theories. The results of the research, first: The process of proving the case for Decision Number 362/Pid. Sus/2020/PN Bls. Based on formulation of the indictment carried out by the Public Prosecutor against the Defendant used the legal basis of Article 4 in conjunction with Article 10 of Law Number 21 of 2007 concerning the Eradication of the Criminal Act of Trafficking in Persons Jo Article 55 paragraph (1) the 1st article 55 paragraph of the Criminal Code is more appropriate, because based on facts and evidence indicate that in the case of Decision Number 362/Pid. Sus/2020/PN Bls. is more specifically leads to the crime of trafficking in persons. Second : Legal Considerations by the Panel of Judges in imposing a Decision on Case Decision Number 362/Pid. Sus/2020/PN Bls. based on these juridical and non-juridical considerations, taking into account Article 83 in conjunction with Article 68 in conjunction with Article 5 of Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers. Sentencing the Defendant therefore with imprisonment for 9 (nine) months. Determine the period of arrest and detention that has been served by the Defendant to be deducted entirely from the sentence imposed.

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