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All Journal Jurnal Multidisiplin Indonesia Lex Stricta : Jurnal Ilmu Hukum
Meni Apriani
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Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Criminal Liability of Perpetrators of Fake Marriage (Marriage Fraud) as a Form of Human Trafficking Crime Meni Apriani; Faisal Santiago
Jurnal Multidisiplin Indonesia Vol. 3 No. 2 (2025): Juni : Jurnal Multidisiplin Indonesia
Publisher : PT. ALHAFI BERKAH INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62007/joumi.v3i2.471

Abstract

The phenomenon of marriage fraud is increasingly widespread and has become one of the new schemes in human trafficking practices, particularly targeting women under the pretext of matchmaking or cross-border marriage. This modus operandi not only violates social and moral norms but also threatens human rights and involves elements of exploitation, which are essential components of human trafficking crimes as regulated in the United Nations Palermo Protocol and Law No. 21 of 2007 on the Eradication of the Crime of Human Trafficking. This study aims to analyze juridically and normatively how criminal liability can be imposed on perpetrators of marriage fraud, whether as the main offenders, recruiters, or parties facilitating this practice. By examining the provisions of the Criminal Code (KUHP), the Human Trafficking Law (UU TPPO), and other related regulations, it is found that the practice of marriage fraud can fulfill the elements of recruitment, transfer, harboring, and exploitation, which legitimately qualify as human trafficking crimes. In the context of criminal law, the liability of perpetrators includes not only individuals but also legal entities or agencies involved in organizing fake marriages. This study encourages the need for a progressive interpretation of the definition of exploitation in the Human Trafficking Law as well as strengthening protection mechanisms and education for vulnerable groups, especially women and migrant workers. With an appropriate legal approach, the practice of marriage fraud can be suppressed, and perpetrators can be held criminally accountable fairly and effectively.
Upaya Pemerintah Dalam Penanggulangan Tindak Pidana Peredaran Kosmetika Palsu Meni Apriani; Yuseva Yuseva; Dedison Dedison; Heli Kusmiran; M. Agung Firdaus
Lex Stricta : Jurnal Ilmu Hukum Vol. 2 No. 1 (2023)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

Counterfeiting cosmetics is not just brand counterfeiting but is also an act that endangers human life if the contents of the cosmetics are inappropriate or unclear. What is the government's responsibility towards the circulation and use of illegal cosmetics? What legal remedies can the community take against the distribution of illegal cosmetic products? The research method uses an empirical juridical method because this research aims to describe in full the legal aspects and a situation that occurs in the field. The results of the study show that the Government's responsibility in terms of the circulation and use of illegal cosmetics in Palembang City is to supervise and guide all business actors. Efforts made by the community against the distribution of illegal cosmetics are for consumers who feel disadvantaged by business actors, they can make several efforts to resolve their disputes through the courts and through the Consumer Dispute Settlement Agency (BPSK). In conclusion, it is the responsibility of the government in terms of the distribution and use of illegal cosmetics with supervision and legal remedies through the courts. Recommendations It is hoped that business actors should also be able to provide information to consumers regarding cosmetic products that are sold in a clear and open manner, consumers should also be more careful before buying a product and not immediately trust cosmetics that are sold at low prices.
Co-Authors Dedison Dedison Faisal Santiago Heli Kusmiran M. Agung Firdaus Yuseva Yuseva