Pertimbangan Hakim dalam Memutus Tindak Pidana Perdagangan Manusia Melalui Modus Pernikahan di Kalimantan Barat (Studi Kasus Putusan Pengadilan Negeri Ketapang Nomor 400/PID.SUS/2019/PN.KTP)

Abstract

This article discusses judicial considerations in deciding a human trafficking crime committed through a marriage modus in West Kalimantan, based on Decision Number 400/Pid.Sus/2019/PN.Ktp of the Ketapang District Court. The issue examined is how the panel of judges considered the criminal act of assisting human trafficking through an overseas marriage scheme. This study uses legal research with statutory and conceptual approaches. The primary legal materials are Law Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons and Decision Number 400/Pid.Sus/2019/PN.Ktp, supported by secondary and tertiary legal materials. The research shows that the defendant was lawfully and convincingly proven to have assisted the crime of trafficking in persons as charged in the second alternative indictment, namely Article 10 in conjunction with Article 4 of Law Number 21 of 2007. The judges’ reasoning was based on juridical considerations, namely the fulfillment of the elements of the criminal act; philosophical considerations, namely justice and legal truth as reflected in the sentence; and sociological considerations, namely aggravating and mitigating circumstances as well as the social impact of the crime. Therefore, the judicial consideration in the decision is considered appropriate and fair according to law