Febrilian, Sindy (2025) Analisis Pertimbangan Hakim dalam Memutuskan Tindak Pidana Perdagangan Orang (Studi Kasu Putusan Nomor : 179/PID.SUS/2021/PN.PLI). Other thesis, Universitas Islam Riau.

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Abstract

Human trafficking is a serious crime that violates human rights and often affects vulnerable groups such as women and children. Therefore, the Indonesian government issued Law Number 21 of 2007 concerning the Eradication of Human Trafficking. The primary objective of this law is to provide a clear legal framework for prosecuting human traffickers and protecting victims and the wider community. Therefore, penalties are needed to deter perpetrators from repeating the crime and to serve as role models in society. The research questions are: How is evidence established in human trafficking (case study of case decision Number: 179/Pid.Sus/2021/PN.Pli) and what are the judge's considerations in human trafficking (case study of case decision Number: 179/Pid.Sus/2021/PN.Pli). The type of research used by the author is normative legal research. Because the author's research is based solely on secondary data, namely analyzing the file of Decision Number: 179/Pid.Sus/2021/PN.Pli. And by its nature, this research is descriptive and analytical, aiming to obtain a detailed and systematic overview of the problem to be studied. The results of the study indicate that in the process of proving the Defendant's guilt, the Public Prosecutor has submitted legally valid evidence and fulfilled the provisions stipulated in criminal procedure law and Article 2 Paragraph (1) Jo. Article 11 of Law Number 21 of 2007 concerning the Eradication of the Crime of Human Trafficking. Therefore, in the criminal case of human trafficking, decision number: 179/Pid.Sus/2021/PN.Pli has strong evidence. The legal considerations used by the Panel of Judges in the decision of case number: 179/Pid.Sus/2021/PN.Pli resulted in the imposition of an erroneous sentence. This was because, during the trial, the panel of judges ignored one of the legal principles, namely, lex specialis derogate legi generali. This impacted the enforcement of criminal law, which aims to ensure legal certainty.

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