PERTANGGUNGJAWABAN PIDANA PELAKU TINDAK PIDANA PERDAGANGAN ORANG UNTUK KEPENTINGAN SEKS KOMERSIAL TERHADAP ANAK YANG DILAKUKAN OLEH IBU KANDUNG (Studi Kasus Nomor : 1451/Pid.Sus/2021/PN-MDN)

Abstract

A Trafficking in persons has been going on for a long time which is against human dignity and worth.  This is a violation of human rights, which humans should have protected under Pancasila and the 1945 Constitution. Trafficking in persons is a well-organized crime, from conventional to modern methods. In this organized crime, build a network from National to International. This organized crime includes any group of people whose main activity is to violate criminal law to obtain illegal profits and power by carrying out criminal activities. Based on the above background, there are identification of problems, namely First, How is the criminal responsibility of perpetrators of criminal acts of trafficking in persons for the benefit of commercial sex against children committed by biological mothers (study of decisions number: 1451/Pid.Sus/2021/PN-MDN), Second, How the basis for consideration of the judge's decision in imposing a sentence on the perpetrator of the criminal act of  trafficking in persons committed by the mother against her biological child based on (study of decision  Number :1451/Pid.Sus/2021/PN-MDN). The research used is a normative juridical research method,  namely examining legal principles and analyzing problems, studying and examining through an approach to legal principles and legislation with reference to Law Number 21 of 2007 concerning eradication of criminal acts of trafficking in persons. The causative factors that lead to human
trafficking are lack of education, difficult economic factors, and the most influential are the desire to get rich quick and the social environment of each individual. causes them to look for shortcuts to get money in order to meet their daily needs or just to fulfill their social life. With the birth and passing of a law that specifically regulates Law Number 21 of 2007 concerning the eradication of the criminal act of trafficking in persons, the existence of this law can become a "legal umbrella" that can provide protection for victims. As for the perpetrators and potential perpetrators, it is a warning that the crime of trafficking in persons is an act that can be punished, which is also an extraordinary crime and violates human rights.