CD Skripsi
Reformulasi Terkait Dengan Pasal 2 Undang-Undang Nomor 21 Tahun 2007 Tentang Pemberantasan Tindak Pidana Perdagangan Orang Dalam Pembaharuan Hukum Positif Di Indonesia
ABSTRACT
In Article 2 of Law Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons, it contains a minimum criminal sanction of 3 (three) years which is deemed not to fulfill a sense of justice considering that victims experience violence which has an impact on the physical and psychological as well as morals of victims, moreover the majority victims are women and children who incidentally are weak people. Therefore, as an effort to combat trafficking in persons which is increasing and the importance of giving birth to a formulation that is in accordance with the needs of the community, it is necessary to carry out reformulations related to criminal sanctions for trafficking in persons which are contained in Article 2 Paragraph 1 Law Number 21 of 2007 concerning Eradication of the Crime of Trafficking in Persons to present a law that is more appropriate in responding to the modernization needs of society. The purpose of this research was to find out the arrangements and application of criminal sanctions for the Crime of Trafficking in Persons in the Indonesian legal system, as well as forming ideas reformulation of appropriate sanctions against the Crime of Trafficking in Persons.
This research method is normative legal research. It is also called doctrinal legal research, namely legal research that uses data from literature that is related to the problem under study. Thus this study uses secondary data sources consisting of primary, secondary, and tertiary legal materials.
From the results of the research conducted, several conclusions can be drawn, namely, First, the perspective of the judge in imposing criminal sanctions considers 2 (two) factors, namely considerations that are juridical in nature, namely considerations revealed in the trial and enacted laws while non-juridical considerations are considerations that are sociological, criminological and philosophical. Second, the ideal sanction in the crime of trafficking in persons is to increase criminal sanctions in the form of imprisonment and fines according to how much influence the perpetrator has over this crime, namely in the judge's consideration, and adding that it is an idea that was prepared taking into account the views of life, awareness and the ideals of law, as well as the philosophy of the Indonesian nation which originates from Pancasila and the Preamble to the Constitution of the Republic of Indonesia which are expected to fulfill the victim's sense of justice, and achieve criminal goals, considering this crime included in extraordinary crimes.
Keywords: Reformulation-Criminal Sanctions-Trafficking in Persons
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