CD Skripsi
Tanggung Jawab Badan Hukum Pada Tindak Pidana Human Trafficking Perspektif United Nation Convention Against Transnational Organized Crime Terhadap Negara Indonesia Dan Malaysia
ABSTRACT
As a result of globalization, countries around the world are increasingly
facing crimes that cross national borders, one of which is the crime of human
trafficking. This crime has increased every year in the world and has experienced
significant developments in each country, so that these crimes threaten and force
countries in the world and the United Nations to regulate a rule of law that can
prevent and prosecute these crimes. In 2000 the Palermo Convention was born or
known as the United Nation Convention Against Transnational Organized Crime
(UNTOC), but for the enactment of this convention it is necessary to transform it
into national law.
This type of research is normative legal research, namely legal research
carried out by examining library materials in the form of binding legal rules and
secondary data such as other literature related to this research, through a statute
approach and comparative approach. This research is a qualitative data analysis
in which descriptions are made of legal data that has been collected logically and
systematically. This research uses dualisme theory and functional daderschap
theory.
The result of this research, according to the liability of legal entities in
UNTOC, Member States have an obligation to incorporate legal entities into their
national law, so that they can be held criminally responsible without ignoring the
criminal responsibility of the person who did it by providing proportional
criminal sanctions. The mandate of UNTOC has implications for the laws of
Indonesia and Malaysia as Member States. The implication of UNTOC is dualism
in applying international law through legal transformation so that international
law can apply in the laws of Indonesia and Malaysia. The rules are created
through policies so that Law No.21 of 2007 on the Eradication of the Crime of
Trafficking in Persons was born in Indonesia and the Anti-Trafficking in Persons
Act 670 of 2007 in Malaysia which regulates legal entities (corporations) as legal
subjects to prevent, prosecute and punish corporations in committing the crime of
trafficking in persons, and there is a comparison between Indonesia and Malaysia
in responding to corporations involved in the crime of trafficking in persons.
Keywords: Legal Person, Human Trafficking, UNTOC
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