ANALISIS YURIDIS PENJATUHAN SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA PERDAGANGAN ORANG (STUDI PUTUSAN NOMOR 1065/PID.SUS/2021/PT SBY)

Simanullang, Pahala Raja (2026) ANALISIS YURIDIS PENJATUHAN SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA PERDAGANGAN ORANG (STUDI PUTUSAN NOMOR 1065/PID.SUS/2021/PT SBY). Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

On the imposition of criminal sanctions and the basis for legal considerations by the judge in the result of decision number 1065/PID. SUS/2021/PT SBY against perpetrators of the Trafficking in Persons on sexual exploitation of minors with a digital mopedandi. Juridically, the High Court has appropriately upheld the verdict based on the evidence of Article 17 in conjunction with Article 2 Paragraph (1) of Law No. 21 of 2007 about Human Trafficing. However, the imposition of suboptimal penalties can reduce organized crime motivated by financial gain. The criminal sanction of 10 years in prison imposed is considered disproportionate and has not achieved maximum substantive justice because it is under the prosecutor's demand, which is 12 years. The fine of IDR 200,000,000 is proven to violate the minimum limit required by Article 17. This inconsistency, coupled with the absence of restitution for victims, indicates that the verdict still does not provide a maximum deterrent effect of trafficking against children. Keywords: Trafficking in Persons, Child Exploitation, Restitution.

Item Type:

Thesis (Undergraduate)

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