Atmoko, Fatima Azzahra and -, Taufiq Nugroho, S.H., M.H. (2024) Analisis Yuridis Pertimbangan Hakim Dalam Putusan Tindak Pidana Perdagangan Orang (Studi Putusan Pengadilan Negeri Ruteng Nomor 32/Pid.Sus/2020/PN. Rtg). Skripsi thesis, Universitas Muhammadiyah Surakarta.
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Abstract
The purpose of writing this thesis is to find out the judge's consideration in imposing punishment on the perpetrator in Decision Number 32/Pid.Sus/2020/PN. Rtg. Various backgrounds can be associated with the rise of trafficking in persons, such as the main factor causing the rise of trafficking in persons (Hukam Trafikking), namely economic factors due to the large number of people while limited employment opportunities, therefore many experience debt bondage, unemployment, and poverty. The problem of this research is: How is the Judge's Consideration for the perpetrators of the crime of Trafficking in Persons in Decision Number 32/Pid.Sus/2020/PN. Rtg. and what is the perspective of Islamic Criminal Law regarding the crime of Human Trafficking. The normative juridical approach method is the method used by the author, so that the research approach with a literature legal study that examines legal events using legislation and other legal regulations as a juridical basis that has to do with the object of study. The results of this research and discussion show that the Basic Considerations of the Judges in the verdict in Case Number 32/Pid.Sus/2020/PN.Rtg are divided into Juridical Considerations which include the elements of the crime committed by the defendant in accordance with the charges of the Public Prosecutor which are reinforced by witness testimony, as well as Non-Juridical Considerations in the form of variables that surround the imposition of punishment as well as matters that alleviate and aggravate the imposition of punishment. In this decision, the judge sentenced the defendant to 5 (five) years of imprisonment and a fine of Rp. 250,000,000,- (two hundred and fifty million rupiah) with the provision that if the fine is not paid, it will be replaced by imprisonment for 6 (six) months. Based on the perspective of Islamic law, the crime of trafficking in persons is included in jarimah ta'zir, which in this case is an act that is prohibited and forbidden in Islam because it is a religious offense which has traded people for the benefit of other groups of people. There is no justification for the existence of a slavery system and no one is called a slave because all Indonesian citizens are free and free to act according to their rights.
| Item Type: | Thesis (Skripsi) |
|---|---|
| Uncontrolled Keywords: | Judge's Consideration, Decision, Trafficking in Persons. |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Hukum |
| Depositing User: | FATIMA AZ-ZAHRA ATMOKO |
| Date Deposited: | 01 Feb 2024 07:33 |
| Last Modified: | 01 Feb 2024 07:33 |
| URI: | http://eprints.ums.ac.id/id/eprint/120891 |
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