Perlindungan Hukum terhadap Pekerja Migran Ilegal sebagai Korban Tindak Pidana Perdagangan Orang (Studi Putusan Nomor 109/Pid.Sus/2022/PN Tpg)

Abstract

This research is motivated by the rampant cases of Trafficking in Persons (TPPO) involving illegal Indonesian Migrant Workers (PMI). It can be seen, based on data from BP2MI, that more than 4.5 million migrant workers are dispatched illegally, which makes illegal migrant workers the most vulnerable group to human trafficking practices. As also reflected in Decision Number 109/Pid.Sus/2022/PN TPg. Based on this, this research formulates three main problems, namely: 1) how is the legal regulation of illegal migrant workers who are victims of TPPO, 2) how is the form of legal protection for victims of TPPO of Illegal Migrant Workers, and 3) how is the basis for the judge's legal considerations in deciding the case based on Decision Number 109/Pid.Sus/2022/PN TPg. This research uses normative juridical methods with statutory, conceptual, and court decision studies. The results showed that there was an error in the application of the law which had an impact on the loss of protection for victims, especially in Decision Number 109/Pid.Sus/2022/PN TPg. This is because the defendant should have fulfilled the elements of committing TPPO which have been proven at trial. However, the judge overrode the substance of legal protection for victims and chose to use the Migrant Workers Law in imposing charges against the defendant. Thus, this led to the loss of victims' rights, especially the right to restitution. So that it does not reflect legal certainty and justice. The conclusion of this research with the Study of Decision Number 109/Pid.Sus/2022/PN is that the judge does not provide legal protection that reflects justice and harms victims of prospective illegal migrant workers.