PENERAPAN PIDANA TERHADAP TINDAK PIDANA PERDAGANGAN ORANG (Studi PutusanNomor :890/Pid.Sus/2020/PN Pdg)

Abstract

ABSTRACT The defendant was charges Article 88 Jo 76i of Law No. 35 of 2014 amendment to Law No. 23 of 2002 concerning Child Protection and Article 2 Paragraph 1 of Law No. 21 of 2007 concerning the Eradication Crime traficking in Decision Number: 890/pid.sus/2020/PN pdg, The perpetrator sexually exploited and took advantage of 2 of his two victims, one victim was categoriz child, Problem Formulation (1) How is the criminal application of the crime of trafficking in persons case of the verdict: 890/pid.sus/2020/PNpdg? (2) how are the judges' considerations in decision number: 890/pid.sus/2020/PN pdg? The type of research used is normative of literature studies, research is explained from primary, secondary and tertiary, Data collection with document studies is analyzed qualitatively. The conclusion of the research results (1) The defendant DP violated Article 88 jo 76i of Law No. 35 of 2014 amending Law No. 23 of 2002 concerning Child Protection and the defendant also violated Article 2 paragraph 1 of Law No. 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons (2) Consideration of the juridical, the judges chose indictment an alternative cumulative and criminal 2 years and 3 months with a fine of 120,000,000 with what provision if not paid will be replaced with 2 two months of imprisonment, The consideration of non-juridical judges as before imposing a criminal sentence must pay attention to mitigating and aggravating matters.