Sry Wahyuni
Prodi S1 Ilmu Hukum, Fakultas Hukum, Ilmu Sosial dan Humaniora, Universitas Dharma Andalas

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Tinjauan Hukum Terhadap Upaya Perlindungan Bagi Pekerja Migran yang Menjadi Korban Perdagangan Orang (Studi Kasus Perkara Nomor 587/Pid.Sus/2023/Pn.Pdg) Reyza Darfebryanto; Sry Wahyuni
Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan Vol. 2 No. 3 (2026): April - Juni
Publisher : GLOBAL SCIENTS PUBLISHER

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Abstract

Indonesia's entry into the era of globalization has had a significant impact on various sectors of life, including the increased mobility of labor across countries. Behind this progress lies a serious issue in the form of human trafficking (TPPO), particularly through the illegal placement of migrant workers. Human trafficking is a violation of human rights involving the systematic and organized exploitation of individuals. TPPO is often carried out through illegal placement of migrant workers, with recruitment methods involving persuasion and promises of high-paying jobs abroad, which ultimately lead to labor exploitation, violence, and violations of individual freedom. A concrete example that becomes the focus of this research is Case Number 587/Pid.Sus/2023/PN Pdg, in which the victim was recruited and sent to Malaysia non-procedurally by the perpetrator using the modus operandi of promising a high-paying job.The research addresses the following problems:(1) What forms of legal protection exist for migrant workers who become victims of human trafficking according to existing laws and regulations?(2) What legal efforts can be made to ensure the protection of the rights of victims in the case of the placement of Indonesian migrant workers, as illustrated in Case 587/Pid.Sus/2023/PN Pdg?The research method used is normative juridical and case study, with data collection techniques through literature review of laws and regulations, legal literature, and court decision documentation.The results of this study show that human trafficking of Indonesian migrant workers requires serious attention from the government and society. There is a need to strengthen the legal framework, increase public awareness, and provide better protection for victims to prevent future TPPO cases. It is necessary to improve regulations and more effective legal implementation, as well as international cooperation to enhance the protection of Indonesian migrant workers This research aims to examine the legal protection of TPPO victims in the context of migrant worker placement, and to assess the effectiveness of the implementation of Law Number 21 of 2007 and Law Number 18 of 2017.The conclusion of this research indicates that legal protection for Indonesian Migrant Workers (PMI), particularly those who are victims of human trafficking (TPPO), has been regulated through various national and international regulations. However, despite the existence of strong regulations, the implementation of legal protection still faces numerous challenges in the field. Some of the main issues include weak coordination among related institutions, limited access for PMI to information and legal assistance, and the practice of illegal placement of PMI that makes them vulnerable to becoming TPPO victims.Illegal placement that does not follow procedures often opens the door to exploitation, particularly in the form of violence, slavery, or forced labor. Therefore, a more responsive and integrated legal approach among institutions is needed to ensure justice and recovery for TPPO victims.
Efektivitas Penerapan Sanksi Hukum Terhadap Pelaku Tindak Pidana Pencabulan Anak Dibawah Umur ( Studi Kasus Perkara Nomor 90/Pid.Sus/2024/Pn.Kbr) Donna Wijaya Putri; Sry Wahyuni
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 3 No. 4 (2026): Januari-Februari
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/sbbwrp43

Abstract

Children are a gift from God Almighty as well as a trust that must be protected. Sexual violence against children is a serious crime that causes long-term psychological impacts. Children, as a vulnerable group, require special protection from both society and the state. The effectiveness of the law is measured by the extent to which law enforcement achieves the goal of child protection as stipulated in legislation. The case in focus is the criminal act of sexual abuse of a minor committed by Rangga Hadi Saputra in case Number 90/Pid.Sus/2024/PN Kbr. The public prosecutor demanded seven years of imprisonment, but the judge sentenced the defendant to five years in prison and a fine of IDR 10 million. The defendant’s actions violated Article 76D in conjunction with Article 81 paragraph (2) of Law No. 35 of 2014 on Child Protection (amendment to Law No. 23 of 2002) as amended by Law No. 17 of 2016. The formulated research problems are as follows, How effective is the application of legal sanctions against perpetrators of child molestation under the prevailing laws and regulations.What were the judge's considerations in imposing a criminal sentence on the perpetrator in Case Number 90/Pid.Sus/2024/PN Kbr, This research uses the normative juridical method, namely analyzing positive legal provisions and court decisions. Effective law enforcement requires key stages: professional and victim-sensitive investigation, a judicial process that ensures punishment proportional to the crime, and the execution of the sentence that provides a deterrent effect. Light sentences can reduce public trust in the legal system. In this decision, the judge considered the fulfillment of the elements of the criminal act in accordance with Article 76D in conjunction with Article 81 paragraph (2) of the Child Protection Law. Mitigating factors included the defendant’s cooperative attitude and confession of the crime. However, the author considers the five-year prison sentence insufficient to provide a maximum deterrent effect, given that the statutory penalty in the article is higher. Historically, the effectiveness of legal sanctions for child sexual abuse in Indonesia has developed alongside regulatory changes. The old Criminal Code was deemed ineffective due to light sanctions and narrow definitions. Law No. 39 of 1999 on Human Rights provided a philosophical basis for child protection. Law No. 23 of 2002, later amended by Law No. 35 of 2014, increased penalties and adopted a victim-centered approach. This development continued with the enactment of the Sexual Violence Crimes Law (Law on TPKS) in 2022 and the New Criminal Code in 2023. Although the normative framework has become more progressive, the effectiveness of child protection remains influenced by its implementation in practice. Strengthening the capacity of law enforcement officers and ensuring consistent application of sanctions are key to reducing the incidence of sexual violence against children.