Analisis Hukum Pidana dalam Kasus Perdagangan Anak Keluar Negeri

Abstract

Child is trusteeship and gift of lord on whom on basic right, dignity, and humanity values must be protected and respected. Human right of child is a part of Human Rights contained in Constitution 1945 and Convencion of United Nations on Child Rights. From nation and state life perspective, child is the future and next generation of nation, thus each child deserves for survival, growth and development, participation and protection against violence and discrimination and also civil right and freedom. Parents, family, and community will be responsible to guard and maintain the rights according to duty imposed by the law. Similarly in implementation of child protection, state and government are responsible to prepare the facilities and accessibility to child, particularly to guarantee the growth and development optimally and in directed manner. Thus, the main topic of discussion in this paper is: How is criminal law analysis in international children trafficking, and the law enforcement, the trial in this case, and what is the criminal law responsibility of international child traders. To enforce the law for international child trafficking case, the Government of Republic of Indonesia has issued the Statue i.e., by publishing the Decree of President RI No. 88 of 2002 regarding National Action Plan on Abolishment of Trafficking for woman and children, in addition the Law no. 23 of 2003 regarding Children Protection is also applied, and also some provisions about child trafficking contained in Criminal Law Textbook.