TOFEDU: The Future of Education Journal
Vol 5 No 1 (2026): #2 IN PROGRESS

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 (Unknown)
Limantara, Benny Karya (Unknown)



Article Info

Publish Date
28 Mar 2026

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.

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Journal Info

Abbrev

journal

Publisher

Subject

Education Languange, Linguistic, Communication & Media Mathematics Other

Description

TOFEDU Journal is a scientific journal related to research results, conceptual studies, critical/comprehensive studies in the field of education. The results of the work of the researchers are expected to make a positive contribution in the field of education in order to achieve equitable, inclusive ...