| dc.description.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. | en_US |
