Abstract:
The imposition of sentences on perpetrators of illegal placement of
Indonesian Migrant Workers (PMI) in an effort to prevent the Crime of Human
Trafficking (TPPO) based on Decision No. 381/Pid.Sus/2024/PN Btm, which
arose from the rampant cases of illegal PMI with the risk of safety violations, as
well as sentences that were considered to have less deterrent effect. This study
aims to determine the imposition of criminal sentences on perpetrators of illegal
placement of Indonesian Migrant Workers in Court Decision Number
381/Pid.Sus/2024/PNBtm, and government efforts that can be provided in
preventing the Crime of Human Trafficking against Indonesian migrant workers
(PMI). Using a normative legal approach and case study method, data were
analyzed qualitatively based on court decisions, laws and regulations, and legal
literature. The research findings indicate that a fine of 5 years and Rp.
4,375,000,000 (four billion three hundred and seventy-five million rupiah) or a
prison sentence of only 6 months does not adequately deter future violations,
thereby reducing the risk of recurrence. This study emphasizes the importance of
increased supervision of prospective Indonesian migrant workers. The novelty of
this research lies in the integration of criminalization theory to examine the
deterrent effect and analysis of recent cases.
