KEBIJAKAN PENAL DALAM PENANGGULANGAN TINDAK PIDANA PERDAGANGAN ORANG (STUDI KASUS DI PENGADILAN NEGERI KLATEN)

Sucipto, Haria Fitri (2011) KEBIJAKAN PENAL DALAM PENANGGULANGAN TINDAK PIDANA PERDAGANGAN ORANG (STUDI KASUS DI PENGADILAN NEGERI KLATEN). S1 thesis, UAJY.

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Abstract

Human trafficking is a new form of human slavery. Human trafficking is also the worst form of violation to human right. The effort to overcome a crime and a policy of crime can be done in two ways such as “penal” way which concentrates on the “repressive” side of the crime itself using the law according to the committed crime. The other one, is a “non penal” way which concentrates on “preventive” side before the crime itself committed. Thus, in general the effort to overcome a crime can be divided into two ways; penal and non-penal to be more specific about this, we can use law or without law to overcome a crime. The Judges give a decision to a human trafficking case at the District Court of Klaten as their jurisdiction base on the facts which already existed. The intended facts are the facts which already according to everyone” element and “Using and utilizing the victim of human trafficking I a term of raping and sexual abusing toward the victim, exploiting the victim in order to get more profit and locking the victim in a particular place” elements. The accusation which is used in case number 101/PID.B/2010/PN.Klt is an alternative accusation, which means The Judges, can decide which accusation should be considered for what the defendant has done according to the existed facts which revealed during the trial, so they will consider the accusation which has been proved. The purpose of a punishment in a form of a penalty is not for revenging the defendant, but it is for teaching the defendant in order to make him/her be wary to commit a crime in the future and also to teach the society not to commit any crimes like the defendant.

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