JUNCTO: Jurnal Ilmiah Hukum
Vol 7, No 1 (2025): JUNCTO : Jurnal Ilmiah Hukum JUNI

Analisis Yuridis Hukuman bagi Pelaku Tindak Pidana Perdagangan Orang (Studi Kasus Putusan Nomor 1318 Pk/Pid.sus/2023)

Setyawan, Iwan (Unknown)
Simbolon, Winda C (Unknown)
Simanjuntak, Sarida Hotdeliana (Unknown)
Sembiring, Jenda Suranta (Unknown)



Article Info

Publish Date
05 Jun 2025

Abstract

Trafficking in persons is a transnational crime that violates human dignity and fundamental rights. This study analyzes the application of Law Number 21 of 2007 on the Eradication of Human Trafficking through a case study of Supreme Court Decision Number 1318 PK/Pid.Sus/2023. A normative juridical approach is employed to evaluate the legal grounds and judicial considerations in sentencing the perpetrator. The findings reveal that despite comprehensive legislation, its enforcement remains challenged by limited law enforcement capacity, evidentiary difficulties, and inadequate victim recovery mechanisms. The Supreme Court's ruling reflects legal consistency and rejects the judicial review due to the absence of valid new evidence (novum). This study recommends enhancing the capacity of legal practitioners and adopting a restorative justice approach to strengthen victim protection and improve sentencing effectiveness.

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Journal Info

Abbrev

juncto

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

JUNCTO: Jurnal Ilmiah Hukum is a Journal of Law for information and communication resources for academics, and observers of Business Law, International law, Criminal law, and Civil law. The published paper is the result of research, reflection, and criticism with respect to the themes of Business ...