CD Skripsi

Rekonseptualisasi Pemidanaan Terhadap Orang Yang Diselundupkan Dalam Tindak Pidana Penyelundupan Manusia Dalam Pembaharuan Hukum Pidana Indonesia

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People smuggling actually stems from the urge to become illegal immigrants. The involvement of a smuggled person in people smuggling may take the form of active participation in the planning and implementation of the illegal journey. The role of the person who is smuggled, either directly or indirectly, can encourage crime, such as the active participation of the person who is smuggled in a deviation to achieve a goal in accordance with his or her interests or that of another person can cause him or herself to become a victim. The formulation of the problem in this research is the urgency of providing criminal sanctions for people smuggled in human smuggling crimes and how to reconceptualize the regulation of criminal sanctions for people smuggled in human smuggling crimes. Where this research aims to reconceptualize legal regulations for smuggled people who are involved in criminal acts of human smuggling by looking at the form of participation and relationship between the perpetrator and the smuggled person.
The method used in the research is a qualitative descriptive method with a normative legal approach. Research is carried out by collecting facts about events in the field and analyzing them on the basis of applicable laws and regulations. This method involves developing a legal scenario based on the law under review. Legal research and analysis aims to find answers to various legal problems faced by society.
As for the results of the research, it was found that the perpetrator and the person who was smuggled together carried out an evil conspiracy to carry out this act. This can be seen that the perpetrator and the person who was smuggled worked together so that the person who was smuggled could get out of the country illegally, meaning legally. there is indirect involvement of the person being smuggled in an act that violates the Immigration Law and the Criminal Code. Therefore, people who are smuggled in the criminal act of human smuggling should be subject to legal proceedings due to the offense of human smuggling or passive assistance with the severity in accordance with the form and extent of each person's actions in carrying out the criminal act, and not directly categorized as victims of smuggling. This means that in this case criminalization is needed in line with legal reform in an effort to reconceptualize the criminal sanctions that will be imposed on people who are smuggled, starting with reconceptualizing the definition of human smuggling victims themselves..

Keywords: Reconception-People Smuggling-The Role of Smuggled Persons-Criminal Law Reform

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

2009110017

Penerbit

Pekanbaru : Universitas Riau - F. Hukum - Hukum Pidana., 2024

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

2009110017

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

Zenny

Versi lain/terkait

Lampiran Berkas

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