REFORMULASI TERKAIT DENGAN PASAL 2 UNDANG-UNDANG NOMOR 21 TAHUN 2007 TENTANG PEMBERANTASAN TINDAK PIDANA PERDAGANGAN ORANG DALAM PEMBAHARUAN HUKUM POSITIF DI INDONESIA

Abstract

In Article 2 of Law Number 21 of 2007 concerning the Eradication of the
Crime of Trafficking in Persons, it contains a minimum criminal sanction of 3
(three) years which is deemed not to fulfill a sense of justice considering that
victims experience violence which has an impact on the physical and psychological
as well as morals of victims, moreover the majority victims are women and children
who incidentally are weak people. Therefore, as an effort to combat trafficking in
persons which is increasing and the importance of giving birth to a formulation
that is in accordance with the needs of the community, it is necessary to carry out
reformulations related to criminal sanctions for trafficking in persons which are
contained in Article 2 Paragraph 1 Law Number 21 of 2007 concerning
Eradication of the Crime of Trafficking in Persons to present a law that is more
appropriate in responding to the modernization needs of society. The purpose of
this research was to find out the arrangements and application of criminal
sanctions for the Crime of Trafficking in Persons in the Indonesian legal system, as
well as forming ideas reformulation of appropriate sanctions against the Crime of
Trafficking in Persons.
This research method is normative legal research. It is also called doctrinal
legal research, namely legal research that uses data from literature that is related
to the problem under study. Thus this study uses secondary data sources consisting
of primary, secondary, and tertiary legal materials.
From the results of the research conducted, several conclusions can be
drawn, namely, First, the perspective of the judge in imposing criminal sanctions
considers 2 (two) factors. Second, the ideal sanction in the crime of trafficking in
persons is to increase criminal sanctions in the form of imprisonment and fines
according to how much influence the perpetrator has over this crime.
Keywords: Reformulation – Criminal Sanctios – Trafficking in Persons