Legalitas: Jurnal Hukum
Vol 18, No 1 (2026): Juni

Analisis Putusan Hakim Pada Tindak Pidana Perdagangan Orang Menggunakan Teori Tujuan Hukum Gustav Radbruch (Studi Kasus Putusan Nomor:487/Pid.Sus/2023/PN.Jambi)

Via Candritha (Fakultas Hukum Universitas Batanghari Jambi)
Abdul Bari Azed (Magister Hukum, Universitas Batanghari Jambi)
M Muslih (Fakultas Hukum Universitas Batanghari Jambi)



Article Info

Publish Date
14 Jul 2026

Abstract

Human trafficking is a serious crime that violates human rights and has wide-ranging impacts on victims and society. In judicial practice, judges' rulings are expected not only to reflect legal certainty but also fairness and usefulness, as are the goals of law. This study aims to analyze the considerations judges take into account when sentencing perpetrators of human trafficking and to assess the application of Gustav Radbruch's legal theory goals, which include justice, legal certainty, and usefulness, in Ruling Number 487/Pid.Sus/2023/PN.Jambi. This research uses a normative juridical method with legislative, case, and conceptual approaches. Data were collected through a literature study of relevant laws and regulations, court rulings, and legal doctrines. Research results show that the judge's considerations in the decision were based on the applicable positive law, but have not fully reflected a sense of justice and the usefulness of the law, especially for the victims, when compared to other similar rulings. The relatively lighter sentence created an imbalance between the prosecutor's demands, the impact of the perpetrator's actions, and protection for the victims. Based on an analysis using Gustav Radbruch's theory, it can be concluded that these three fundamental legal values have not been fulfilled proportionally. Therefore, judges need to be consistent and careful in handing down sentences so that the decisions truly reflect substantive justice, provide legal certainty, and benefit society.

Copyrights © 2026






Journal Info

Abbrev

Legalitas

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Legalitas: Jurnal Hukum is a peer-reviewed open access journal that aims to share and discuss current issues and research results. This journal is published by Center for Law Research and Development, Master of Law Program, Batanghari University, Legalitas: Jurnal Hukum contains research results, ...