Kajian Hukum Terhadap Tidak Pidana Perdagang Orang Melalui Media Sosial

Abstract

The Crime of Trafficking in Persons is the activity of recruiting, transporting, sheltering, sending, transferring, or receiving someone with the threat of violence for the purpose of exploitation or causing someone to be exploited. Trafficking Crimes People generally involve women and children as victims. The Crime of Trafficking in persons is increasing every year, so it becomes an important issue that requires serious attention in law enforcement in Indonesia and is one of the five biggest crimes in the world that must be addressed because the consequence are not only economic, but also political, cultural and humanity. In the advancement of technology and information, social media is also a risk factor for cases of trafficking in persons, most of whom are potential children and teenagers who own social media accounts. Based on these problems, a number of problem formulations can be formulated, namely how the factors that lead to the crime of trafficking throught social media, how the system of proving trafficking in persons throught social media, and how the judges base judgements against criminal perpetrators of trafficking throught social media in decision Number 388/Pid.Sus/2018/PN.Mdn The research method used in this study is a type of normative juridical research that is a descriptive analysis by analyzing the laws and regulations that regulate the issues discussed, legal theory, and can be the opinion of scholars. Field studies, the authors directly conduct studies at the Medan District Court by making decisions related to the thesis title. The factors that cause the crime of trafficking in persons through social media consist of internal factors (originating from within the individual) and external factors (which originate from outside the individual). The system of proof of trafficking through social media which is still refrring to Law No.21 of 2007 and can be charged with the ITE Law. The basic consideration of judges in imposing criminal acts against perpetrators of criminal acts of trafficking through social media in Decision Number 388/Pid.Sus/2018/PN.Mdn is to declare the defendant NURAINI guilty and sentenced to 3 (three) years of criminal sanctions and a fine of Rp.150.000.000 (one hundred and fifty million rupiahs) and pay court fees of Rp.5,000 (five thousand rupiah).