ANALISIS PENERAPAN SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA PERDAGANGAN ORANG (STUDI KASUS PUTUSAN PENGADILAN NEGERI MATARAM NOMOR 312/PID.SUS/2020/PN.MTR.)

Abstract

Traf icking in persons or human traf icking has now become a public problem that must be
immediately addressed by the government, both central and regional. The problem faced in the
research is whether the application of criminal sanctions by judges using Article 81 of Law
Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers in the Mataram
District Court's decision Number 312/Pid.Sus/2020/PN.Mtr is correct? The research method used
is normative juridical law research. The results showed that basically the decision of the Mataram
District Court Judge Number 312/Pid.Sus/2020/PN.Mtr was correct by imposing criminal
sanctions on the accused perpetrators of placing Indonesian migrant workers by individuals under
Article 81 of Law Number 18 of 2017. Refers to the amount of the sanction given only with
imprisonment for 8 (eight) months, and a fine of 1 billion, provided that if the fine is not paid, it is
replaced with imprisonment for 2 (two) months each. This is still too light compared to the
maximum criminal sanction that can be imposed on perpetrators of a maximum imprisonment of
10 (ten) years and a maximum fine of Rp. 15,000,000,000.00 (fifteen billion rupiah). According to
the decision of the Mataram District Court Number 312/Pid.Sus/2020/PN.Mtr. can impose more
severe penalties on the perpetrators of placing Indonesian migrant workers by these individuals,
considering that the maximum criminal provisions in the articles imposed are very high, and the
potential for the acts committed will have a large impact.