TANGGUNG JAWAB BADAN HUKUM PADA TINDAK PIDANA HUMAN TRAFFICKING BERDASARKAN UNITED NATION CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME TERHADAP NEGARA INDONESIA DAN MALAYSIA

Abstract

Countries around the world are increasingly facing crimes that cross national
borders, one of which is human trafficking. These crimes threaten and force countries
in the world and the United Nations to regulate a rule of law that can prevent and
prosecute these crimes. In 2000, the Palermo Convention, known as the United
Nations Convention Against Transnational Organized Crime (UNTOC), was born.
This type of research is normative legal research, namely legal research
carried out by examining library materials in the form of binding legal rules and
secondary data such as other literature related to this research through a statute
approach and comparative approach. This research is a qualitative data analysis in
which descriptions are made of legal data that has been collected logically and
systematically. This research uses dualisme theory and functional dictatorship
theory.
The result of this research is that Member States have an obligation to
incorporate legal entities into their national law. The mandate of UNTOC has
implications for the laws of Indonesia and Malaysia as Member States. That
implication is dualism in applying international law through legal transformation so
that international law can apply in the laws of Indonesia and Malaysia. The rules are
created through policies, so that Law No. 21 of 2007 on the Eradication of the Crime
of Trafficking in Persons in Indonesia and the Anti-Trafficking in Persons Act 670 of
2007 in Malaysia were born. These acts regulate legal entities (corporations) as
legal subjects to prevent, prosecute, and punish corporations for committing the
crime of trafficking in persons.
Keywords: Legal Person, Human Trafficking, UNTOC