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All Journal Journal Of World Science Journal of Contemporary Law Studies
Retnowati Boong, Vicariya
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Computer Science & IT Economics, Econometrics & Finance Engineering Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences

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Penerapan Unsur Kesengajaan Pasal 2 UU TPPO Terhadap Perekrut Sebagai Dasar Pertanggunjawaban Pidana Retnowati Boong, Vicariya; Mugiono, Mariana
Journal of Contemporary Law Studies Vol. 2 No. 4 (2025): Agustus
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i4.4811

Abstract

This study aims to analyze the application of the element of intent under Article 2 of Law Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in Person, specifically as it relates to recruiters and their criminal liability. The focus is on determining whether a recruiter can be held liable when they claim to act solely as an intermediary without explicit knowledge of exploitation. This study employs a normative juridical method, employing both statutory and conceptual approaches. Legal norms and principles relevant to the concept of intent in criminal law are examined, along with an analysis of applicable laws and doctrinal interpretations in the context of human trafficking cases. The findings of this study reveal that intent under Article 2 of the Law on Trafficking in Persons encompasses both direct and indirect forms. Direct intent refers to situations where the perpetrator explicitly knows and aims to carry out exploitation. In conclusion, Article 2 of the Law on Trafficking in Persons is not limited to demonstrable knowledge of exploitation. It can also encompass situations where the recruiter should have had reasonable suspicion of potential exploitation but ignored warning signs. Therefore, recruiters can be held criminally liable as principal perpetrators when it is proven that their actions contributed to the trafficking chain, and they knew or should have known of the risks of exploitation involved.
Forms of Legal Protection for Lessors in Leasing Agreements After the Constitutional Court Decision No. 18/PUU-XVII/2019 Damara Putri, Immaculata; Ketut Rachmi Handayani, I Gusti Ayu; Taruno Muryanto, Yudho; Zefania Ritonga, Rena; Retnowati Boong, Vicariya
Journal of World Science Vol. 1 No. 6 (2022): Journal of World Science
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jws.v1i6.56

Abstract

Following on Article 15 Paragraph 2 and Paragraph 3 UU 42/1999, so in practice, Finance Companies, as the lessor, always apply a fiduciary guarantee to the leasing object in the leasing agreement. The power of Fiduciary Deed to execute the leasing object automatically if a debtor breaches of contract has amended its meaning after Constitutional Court released The Decision No. 19/PUU-XVII/2019. It is clearly stated that Finance Companies need a court decision to execute the leasing object of fiduciary guarantee if debtor does not want to surrender the object voluntarily. Therefore, based on utility theory, the purpose of this thesis is knowing whether The Decision No. 19/PUU-XVII/2019 has benefit value for Finance Companies. Then, from this thesis, we want to dig deeper regarding the effort to protect financing companies’ interest in making leasing agreement with debtor. This research is a normative legal research using statute approach, conceptual approach, and case approach. The conclusion of this research is The Decision of Constitutional Court No. 19/PUU-XVII/2019 does not have benefit value for Finance Companies, and also Finance Companies need to more emphasize the leasing agreement related leasing object execution if debtor breaches the contract, then make the leasing agreement become notarial deed.
Co-Authors Damara Putri, Immaculata Ketut Rachmi Handayani, I Gusti Ayu Mugiono, Mariana Taruno Muryanto, Yudho Zefania Ritonga, Rena