Criminal Act Of Experiment Trafficking In Persons

Abstract

The crime of trafficking in persons is something that has often happened that cannot be denied. So that this matter became a special concern for the Government of Indonesia, which in the end issued the regulation of Law Number 21 of 2007 concerning the Eradication of the Criminal Acts of Trafficking in Persons. The main problem in this research is criminal liability for the attempted criminal act of trafficking in persons and the judge's consideration in sentencing the perpetrators who attempted the criminal act of trafficking in persons in the decision Number 54/Pid.Sus/2021/PN.Lsm. This type of research is included in the normative juridical law research group. Meanwhile, judging from its nature, this research is a complete, detailed, and clear description of a reality. Criminal liability for attempted criminal acts of trafficking in persons in Law Number 21 of 2017 concerning the Eradication of the Crime of Trafficking in Persons is different from liability for attempted criminal acts regulated in the Criminal Code. The difference is that in Article 53 paragraph (2) and paragraph (3) of the Criminal Code the sentence imposed is reduced by one third, while according to Article 10 of Law Number 21 of 2017 concerning the Eradication of the Crime of Trafficking in Persons, the criminal sanctions imposed are not reduced by one third, but are equated with the deed is done. The judge's consideration in imposing a criminal sentence on the attempted criminal act of trafficking in persons in the decision Number 54/Pid.Sus/2021/PN.Lsm is based on evidence, testimony of witnesses, testimony of the defendant and based on the facts revealed in the trial and also consider the aggravating reasons and mitigating reasons from the defendant, and with the judge's conviction, the verdict handed down in this case is a prison sentence of 3 (three) years and a fine of Rp.120,000,000, - so that the judge's consideration in The author considers that the sentence is appropriate because it is appropriate and fulfills these elements. It is recommended that the criminal liability imposed can provide a deterrent effect on the perpetrators. Judges in making decisions are expected to consider everything presented in the trial, in addition to juridical considerations, judges are also expected to carry out non-juridical considerations.