Dasar Pertimbangan Hukum Hakim Menjatuhkan Sanksi Dalam Perkara Perdagangan Orang

Abstract

         So many cases of human trafficking by various modes has caused concern among the public. Although the perpetrators was penalized if he was found guilty of that offense, but not all of the court penalizing the same although basically handle similar cases related to human trafficking. This depends on the Public Prosecutor who prove through the indictment and on belief judges in examining and deciding a case.

         This case start from the defendant that promise jobs in Hong Kong to the victims, but the victim must pay money to the defendant. The victims agreed, and finally they were dispatched to Hong Kong. Arriving in Hong Kong, the victim neglected and the defendant disappeared. That is why the defendant punished by imprisonment and fines, and also restitution. This study purpose to find out what and how basic legal considerations judge when he make a decision in the human trafficking case on East Jakarta district court ruling number: 55/Pid.Sus/2014/PN.Jak.Tim. This ruling is one of a rare verdict in Indonesia because the judge gave criminal sanctions of imprisonment, fines and also restitution in the once ruling.

         Conclusions in this study showed that the judge make a decision based on the case, the law, and the criminal. Three of the element can be reviewed from juridical and non-juridical considerations. The judge's ruling was correct because it contains elements of a good decision.

          Keywords : taking of the decision based on, consideration of judge, and the elements of a good decision.