Analisis Kritis Pertimbangan Hakim Dalam Penjatuhan Pidana Minimum Terhadap Pelaku Tindak Pidana Perdagangan Orang (Putusan Nomor: 706/Pid.Sus/2017/PN.Pbr)

Syukri, Ahmad (2019) Analisis Kritis Pertimbangan Hakim Dalam Penjatuhan Pidana Minimum Terhadap Pelaku Tindak Pidana Perdagangan Orang (Putusan Nomor: 706/Pid.Sus/2017/PN.Pbr). Other thesis, Universitas Islam Riau.

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Abstract

Human Trafficking which is undeniable, this has often happened. So that it became a special concern by the Government of Indonesia, which finally issued the regulation of Law Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons. In Indonesia itself, now there is a special minimum general punishment and also a special maximum in imposing a sentence against a defendant, the judge in passing the sentence is among the limits that have been determined in the Trafficking in Persons law, which will serve as a benchmark / guideline for verdicts by the judge. With the existence of a special minimum criminal system, as contained in the law on the crime of trafficking in persons, it is hoped that the perpetrators of the crime of trafficking in persons can be punished with severe penalties. The main problem in this research is the Judge's Consideration in Imposing the Criminal Act of Human Trafficking in Decision Number 706 / Pid.Sus / 2017 / PN and the decision of the Pekanbaru District Court judge against the Perpetrator of the Crime of Human Trafficking in Case Number 706 / Pid.Sus /2017/PN.Pbr has fulfilled a sense of substantive justice This type of research belongs to the sociological law research group. Meanwhile, seen from its nature, this research is to describe a reality in a complete, detailed, and clear way. Basis for Consideration The judge decides a special minimum in the criminal act of trafficking in persons based on the results of the author's interview with Mr. Faisal, SH, MH that the judge's consideration is to first look at the indictment, the indictment contains elements of a criminal act, then whether it is proven or not will be carried out an examination of evidence from the prosecutor, in that proof can describe the motives of the perpetrator, the background of the perpetrator and the background of the victim and other things. Is the victim willing to be trafficked, aware of being trafficked, for example such as prostitution. Judging from the perpetrator, if the perpetrator is male and female, there is different treatment regarding the treatment of women and must protect their rights, including victims who are trafficked whether they are children, adults, men or women, all of which will be considered by the Assembly. Judge. And the Judge's Decision on the Perpetrators of the Crime of Trafficking in Persons in the Decision of Case Number 706 / Pid.Sus / 2017 / PN.Pbr has met a substantial sense of justice, the judge's decision has met the requirements, namely two-thirds of the prosecutor's demands, namely 3 (three) years out of 5 ( five) years and 6 (six) months. Even though substantive justice cannot be measured by an individual person because from the point of view of justice according to the defendant it is not necessarily fair according to the victim.

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