CD Tesis

Kebebasan Hakim Dalam Memutus Perkara Tindak Pidana Perdagangan Orang Dikaitkan Dengan Paradigma Positivisme Hukum

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Human Trafficking has expanded in the form of organized and unorganized crime networks. Indonesia as a state of law already has a legal umbrella related to the Law on Elimination of Human Trafficking Crimes (Law No. 21/2007). The regulation has actually regulated the special minimal criminal law, but in reality there are still judges who decide under the special minimal criminal, one of which is Decision Number 475 / Pid.Sus / 2018 / PN.Bkn jo Decision Number 72 / Pid.Sus / 2018 / PT PBR.
This study aims to examine and find out the freedom of judges in making decisions against trafficking in persons based on Law on Elimination of Human Trafficking Crimes (Law No. 21/2007) with specific minimum criminal threats at present as well as to examine and find out the factors that have caused judges to decide cases under minimum sanctions.
The research method in this thesis uses the type of research used in writing this law is normative legal research, which is an approach carried out by examining library materials or secondary data on legal principles and case studies which in other words are often referred to as library law research.
The results of the study can be divided into two, namely: first, the freedom of judges to take decisions on trafficking in persons based Law on Elimination of Human Trafficking Crimes (Law No. 21/2007) with specific minimum criminal threats according to the Code of Ethics and the Code of Conduct for Judges, can be done because judges must behave fairly. Whereas in Decision Number 475 / Pid.Sus / 2018 / PN.Bkn jo Decision Number 72 / Pid.Sus / 2018 / PT PBR is associated with the positivism paradigm is very contradictory, because it does not fulfill the principle of free values and answer the question why, so far from the rules which exists. Second, there are three factors that cause judges to decide a case under a minimum sanction, namely: legal factors, personal factors of judges, as well as legal facts in court proceedings. Regarding Decision Number 475 / Pid.Sus / 2018 / PN.Bkn jo Decision Number 72 / Pid.Sus / 2018 / PT PBR which was decided under a special minimum rule is due to a mitigating situation in the legal facts of the trial.
Key words : Freedom of Judges, Criminal Trafficking in Persons, Positivism Paradigm.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

10 14. 220 (0019)

Penerbit

Pekanbaru : Universitas Riau – Pascasarjana – Tesis Hukum., 2017

Deskripsi Fisik

xii, 126 hlm,; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

10 14. 220 (0019)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

ILMU HUKUM

Info Detail Spesifik

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Pernyataan Tanggungjawab

FATAH

Versi lain/terkait

Lampiran Berkas

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