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All Journal LAW REFORM KEADILAN PROGRESIF Jurnal Pranata Hukum International Conference on Law, Business and Governance (ICon-LBG) International Multidiciplinary Conference on Social Sciences (IMCoSS) Jurnal Hukum Respublica PAMALI: Pattimura Magister Law Review Case Law Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Aurelia: Jurnal Penelitian dan Pengabdian Masyarakat Indonesia TOFEDU: The Future of Education Journal Journal of Law, Education and Business SAKOLA: Journal of Sains Cooperative Learning and Law Multidisciplinary Indonesian Center Journal Journal of Health Education Law Information and Humanities Journal of Constitutional, Law and Human Rights
Benny Karya Limantara, Benny Karya
Universitas Bandar Lampung
Religion Humanities Astronomy Biochemistry, Genetics & Molecular Biology Computer Science & IT Earth & Planetary Sciences Economics, Econometrics & Finance Education Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Social Sciences Other

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The Relevance of Judicial Considerations in Sentencing Perpetrators of Human Trafficking for Transnational Exploitation: A Case Study of Decision Number 567/Pid.Sus/2025/PN.Tjk Althafi, Fahmi Dwi; Limantara, Benny Karya
The Future of Education Journal Vol 5 No 1 (2026)
Publisher : Lembaga Penerbitan dan Publikasi Ilmiah Yayasan Pendidikan Tumpuan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61445/tofedu.v5i1.1696

Abstract

Human trafficking is considered an extraordinary crime due to its complex and multidimensional nature, often involving organized criminal networks. This study aims to analyze judicial considerations in sentencing perpetrators of transnational exploitation in Decision Number: 567/Pid.Sus/2025/PN.Tjk and examine their relevance in terms of legal certainty, justice, and utility. The research uses normative and empirical juridical approaches, utilizing both secondary and primary data collected through library and field research, analyzed qualitatively. The findings indicate that judicial considerations are based on the fulfillment of all legal elements under Law Number 21 of 2007. Judges also consider the defendant’s role in the network, level of culpability, and impact on victims. These considerations reflect sentencing objectives and principles of criminal responsibility. In terms of legal certainty, the decision provides clear application of legal norms. From the perspective of justice, it balances the offender’s fault and the victim’s suffering. In terms of utility, the ruling is expected to create a deterrent effect and support prevention, although victim protection and recovery still require strengthening. It is recommended that judges consistently apply legal provisions comprehensively while prioritizing victim protection. Policymakers should enhance victim recovery mechanisms through restitution, rehabilitation, continuous assistance, and improved inter-agency coordination.
Between Integrity and Digital Crime: An Analysis of Judges' Considerations in the Case of Electronic Document Forgery for the Selection of Candidates for State Civil Apparatus Limantara, Benny Karya; Andriyanto, Andriyanto
PAMALI: Pattimura Magister Law Review Vol 6, No 1 (2026): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v6i1.3739

Abstract

Introduction: In every joint of modern life, documents play a vital role as a means of evidence, identification, legitimacy, and a means of transaction. In the midst of an increasingly rapid wave of digital transformation, the modus operandi of document forgery has evolved.Purposes of the Research: Analyzing the criminal law regulations against the falsification of electronic documents in the selection of State Civil Apparatus Candidates (CASN), with a case study of Decision Number 512/Pid.Sus/2024/PN Tjk.Methods of the Research: Using a normative-empirical approach, primary data from interviews with investigators from the Lampung Regional Police, the prosecutor of the Bandar Lampung District Attorney's Office, and the Judge of the Tanjung Karang District Court were combined with secondary data from a literature study of laws and regulations, court decisions, and criminal law literature.Results Main Findings of the Research: The panel of judges in its decision proved the defendant's guilt through five valid evidence (witness statements, experts, letters, instructions, defendant's statements) that were correlated with each other, fulfilling Article 183 of the Criminal Code. Judicial independence is reflected in the penalty of 1 year and 6 months plus an IDR fine. 30 million, lighter than the prosecutor's demand for 4 years who balanced legal firmness with proportionality. The value of integrity is realized through the recognition of violations that maintain the meritocracy of the State Civil Apparatus Candidate, while substantive justice arises from the moderation of sanctions that take into account the context of the case and the character of the defendant. The research recommends improving people's digital literacy, cyber forensic competence of law enforcement officials, and a holistic approach of judges in handling electronic evidence. This study contributes to the discourse of criminal law in the digital era and strengthening bureaucratic integrity.
Co-Authors Ahmad Mahardika Hidayah Rofi Alfaruki, Ikbal Althafi, Fahmi Dwi Amallia, Rizka Andriyanto Andriyanto Bambang Hartono Bambang Hartono Carissa Novira Putri Firmansyah, M Reza Hafizhan MS, M Rafif Kemas Genico Deas Irwansyah Mirtha Tirta Praharani Nurkhalifah, Siti Purnama, Liza Indah Putra, Dharma Laury Satriya, Sitanala Sera Wirantika, Made Sumirat, Denaya Syabilla Fitri Zulfi Diane Zaini