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

Based on the applicable laws and regulations, child adoption is permitted. It turns out that the local community has a habit of "adopting children" which can lure married couples who do not have children to have children. 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 1) Regulation of human trafficking crimes in Indonesia; 2) Legal analysis of the practice of criminal acts of human trafficking with the mode of adoption without a court decision; case study Decision of P.N.Simalungun No. 398/Pid.Sus/2017; 3) Factors affecting law enforcement with the mode of adoption without a court decision, case study Decision of P.N.Simalungun No. 398/Pid.Sus/2017. This research is juridical-normative research which is a descriptive-analytic— legislation approach method. Secondary data is used in the form of P.N.Simalungun Decision No. 398/Pid.Sus/2017 obtained from the Simalungun District Court Registrar. The decision was analyzed by qualitative analysis. The results of this analysis show that: 1) The provisions on criminal sanctions in the Law on the Eradication of Trafficking in Persons cannot be used to indict perpetrators of child adoption without a court decision; 2) Based on the criminal liability of the Defendant "GM", he is capable of being held responsible for the mistakes he has made; 3) There are factors that influence the law enforcement of the criminal act of human trafficking with the mode of adoption without a court decision based on the case study found there are legal factors, apparatus factors, community factors, and legal culture factors. It is recommended that the Government of Indonesia make a policy by summarizing the procedures for adopting children through the courts.