<![CDATA[This study aims to analyze the differences in the classification of perpetrators in the Criminal Code (KUHP) and Law Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons (UU TPPO) and its implications for law enforcement in Indonesia. This study uses a normative juridical method with a statute approach, conceptual approach, and case approach through the analysis of 10 (ten) court decisions on the crime of trafficking in persons in Indonesia. The results of the study show; First, the classification of perpetrators based on the Criminal Code recognizes the concept of participation (deelneming) which focuses on the difference in individual criminal roles and responsibilities which is in line with the principle of geen straf zonder Schuld. In contrast, the Anti-Trafficking Law focuses on a structural and systematic approach by classifying perpetrators such as individuals, state administrators, corporations, and organized groups in order to reach the complexity of organized human trafficking crimes. Second, the paradigm difference in the classification of perpetrators between the Criminal Code and the Anti-Trafficking Law in judicial practice causes dualism in the application of norms, inconsistencies in jurisprudence, the potential for errors in iudicando due to the combination of material crimes in the Criminal Code with participation in the Criminal Code, and there are differences in the scanning of both prison sentences and fines. Therefore, this study recommends the need for standardization of the application of criminal norms and guidelines to ensure legal certainty, proportional justice, and the effectiveness of protecting victims of human trafficking in Indonesia.]]>
Copyrights © 2026
