LEGAL ANALYSIS OF THE IMPOSITION OF CRIMINAL PUNISHMENT IN THE ILLEGAL PLACEMENT OF INDONESIAN MIGRANT WORKERS (STUDY CASE: 381/PID.SUS/2024/PNBTM)

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.