Penerapan Pidana Terhadap Penanggungjawab Alat Angkut (Kapal Laut) Yang Sengaja Menurunkan Dan Menaikan Penumpang Yang Tidak Memenuhi Persyaratan Keimigrasian (Studi Kasus : Putusan No: 185/Pid.Sus/2019/PN Btm)

Abstract

ABSTRAK

Immigration issues related to those responsible for sea transportation who deliberately reduce and raise passengers who do not meet immigration requirements are regulated in Article 114 paragraph (2) of Law No. 6 of 2011 concerning Immigration. As the case No. 185 / Pid.Sus / 2019 / PN Btm, where the defendant dropped passengers without going through immigration checks. The formulation of the problem are: 1) How is the application of the crime against the criminal acts of the person in charge of the transport (ship) deliberately dropping and raising passengers who do not meet immigration requirements. 2) What is the judge's consideration in imposing a sentence on the criminal acts of the person in charge of transportation who intentionally drops and raises passengers who do not meet immigration requirements. The research method is normative juridical. Data Sources are secondary data in the form of primary, secondary and tertiary legal materials. Qualitative Analysis. Conclusions (1) the application of criminal offenses against transporters (vessels) who deliberately reduce and raise passengers who do not meet immigration requirements in violation of Article 114 paragraph (2) of the Immigration Act and sentenced to 1 year 4 months in prison and a 10,000 fine. 000 (2) Judges' considerations are juridical, namely indictments, demands, witness statements, expert statements, letters, defendant statements and evidence. Non-juridical considerations are things that incriminate and alleviate the defendnt.

Keywords: Application, Criminal, Responsible, Immigration