Analisis Hukum Praktik Human Trafficking Dengan Modus Pengangkatan Anak Tanpa Penetapan Pengadilan

(Studi Kasus: Putusan Pengadilan Negeri Simalungun No. 398/Pid.Sus/2017/PN.Sim)

Abstract

Procedurally, the applicable law states that a child adoption needs to go through the procedures for applying for a determination of adoption to the local District Court. If a court decision has not been obtained, it turns out that it can be reported to the local police. Children who are traded by their biological parents to other people, of course, involve various parties. For this reason, it is necessary to know the criminal responsibility of these perpetrators, and what is the basis for the panel of judges considerations in imposing a sentence on the defendant in a case of adoption which results in child trafficking as referred to in the P.N.Sim Decision. No. 398/Pid.Sus/2017 An. Defendant "G.M". The issues raised are: First, regulation of human trafficking crimes in Indonesia; and second, legal analysis of the practice of criminal acts of human trafficking with the mode of adoption without a court decision. 398/Pid.Sus/2017. This research is juridical-normative research which is descriptive-analytic. The results of this analysis show that: First, the provisions on criminal sanctions in the PTPPO Law cannot be used to indict perpetrators of child adoption without a court order; Second, based on the criminal responsibility of the Defendant "GM", he can be responsible for the mistakes he has made. It is recommended that the Government of Indonesia make a policy by summarizing the procedures for adopting children through the courts.