Tindak Pidana Mengeksploitasi Anak Orang dengan Memudahkan Perbuatan Cabul sebagai Mata Pencaharian (Analis putusan no.296/PID.B/2018/PN ptk)

Abstract

The Crime of Exploiting People by Facilitating Obscene Acts as Livelihoods (Decision Analysis No. 296/PID.B/2018/PN PTK). In Indonesia efforts to deal with the problem of human trafficking have been regulated in Law Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons. This law prohibits all actions, methods or all forms of exploitation that may occur in the practice of trafficking in persons. Both carried out within the territory of the country and between countries. Low level of economy, education, and psychological situation are the main causes of trafficking in persons. In Indonesian criminal law, the principle of "lex specialis derogat lex generalis" applies. This is to ensure legal certainty for law enforcement officials in implementing a statutory regulation. In the case of Decision No. 296/Pid.B/2018/PN Ptk, the Public Prosecutor charges Article 296 of the Criminal Code, even though Law Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons has also been regulated. The formulation of the problem in this study is, How is the crime of exploiting people by facilitating obscenity in the Criminal Code and Law Number 21 of 2007 concerning the Crime of Trafficking in Persons as a Livelihood? and Is it fair to use Article 296 of the Criminal Code as a basis for prosecution and consideration of judges in Decision No. 296/Pid.B/2018/PN Ptk? The method used in this research is normative juridical research. The normative research method is data collection that will be carried out by examining library materials which are secondary data which is also called library law research. The Panel of Judges applied Article 296 of the Criminal Code to the application of the Criminal Act Regarding Exploiting People to Facilitate Obscene Acts as an 'Inappropriate' Livelihood, because it does not fulfill the element of justice for Society in general and for Victims in particular. If it is not in accordance with the principle of lex specialis derogat lex generali, the fulfillment of justice for victims and society will be neglected. Because one of the objectives of law is legal certainty, this is based on the legal principle lex specialis derogat lex generali, this principle states that special rules override general rules.

Keywords : The Crime of Exploiting People, Facilitating Obscene Acts, and Livelihoods