PENERAPAN HUKUM PELAKU TINDAK PIDANA TURUT SERTA DALAM MENAWARKAN LAYANAN SEKSUAL (HUMAN TRAFFICKING) (Studi Putusan No 39/PID.SUS/2019/PN MET)
Authors: Ainita Okta , Aprinisa  , pradana agung 
Published: April 2021

Human Trafficking in Indonesia at this time is not only related to downstream issues within the scope of the policy on the implementation of trafficking in persons, such as the low response and commitment of the state, prevention and control measures are more reliant on the means of punishment, handling and enforcement much colored by dirty games and the lack of intensive and effective cooperation within the country and across national borders bilaterally, regionally and internationally. The problem that arises in the study is why do perpetrators of criminal acts participate in offering sexual services (Human Traficking) based on decision number 39 / PID.SUS / 2019 / PN Met? How does the application of law by judges against criminal offenses participate in offering sexual services based on decision number 39 / PID.SUS / 2019 / PN Met? How is the effort to tackle the crime of participating in offering sexual services based on decision number 39 / PID.SUS / 2019 / PN Met? Factors causing criminal acts are economic factors that are often more dominant lack of welfare and the difficulty of getting job vacancies makes people justify any means to get profit, someone to commit a crime that is prohibited and threatened with crime, habit factor is a characteristic of someone who like excessive life or luxury, then the shortcut he committed a crime and the opportunity factor is a factor that can also deliver someone to commit a crime. The application of the law by judges against criminal offenses participates in offering sexual services based on Decision Number 39 / PID.SUS / 2019 / PN Met. The Panel of Judges said that heeded the provisions of Article 30 Jo Article 4 Paragraph (2) of RI Law No.44 of 2008 concerning Pornography Jo Article 55 Paragraph (1) of the Criminal Code, Law Number 8 of 1981 concerning Criminal Procedure Law and Legislation other laws and regulations, the Metro City District Court Judge Board of Judges declared that the defendant has been legally proven and convincingly guilty of committing criminal offenses in participating in offering sexual services and convicting of Defendant I Hendi Bin M Lisin and Defendant II Lala Rizky Septiani Bint Muzirzain with imprisonment for 1 year each and a fine of Rp.250,000,000.00 (two hundred and fifty million rupiah). Recommendations, based on the factors that cause the perpetrators to commit criminal acts in offering sexual services, the Judges in this case in order to provide criminal sanctions against the perpetrators, the decision must be more severe because the actions of the defendant is a form of error that must be accounted for and does not exist justification or justification which eliminates criminal liability for the defendant. The judge should provide a fair criminal verdict for the defendant meaning that it is intended to provide a deterrent impact on the perpetrators of the crime, so that it cannot repeat the same crime in the future. The government is expected to provide easy access to education for the community specifically for Metro City, providing verified employment, so as to reduce the growth of criminal offenses participating in offering sexual services.