DASAR PERTIMBANGAN HAKIM DALAM MENJATUHKAN PIDANA TERHADAP PELAKU TINDAK PIDANA PERDAGANGAN ORANG

Abstract

Human trafficking is one of the forms of transnational crime involving the illegal recruitment and deployment of workers for the purpose of exploitation. This study aims to analyze the legal considerations taken by judges in imposing criminal sanctions on the perpetrators of such crimes. The method used is a literature study by examining various legal sources, statutory regulations, and other relevant materials. The analysis reveals that judges take into account several aspects, including the element of intent in the perpetrator’s actions, the perpetrator’s capacity for criminal responsibility, and the absence of justifying or excusing reasons. The imposition of punishment is also based on the assessment of evidence and facts revealed during the trial. Ultimately, this study concludes that judicial considerations reflect not only the fulfillment of legal elements but also an effort to balance justice for the victims and rehabilitation for the perpetrators.