ANALISIS YURIDIS PERTIMBANGAN HAKIM DALAM PUTUSAN BEBAS PENGADILAN NEGERI MATARAM NOMOR 310/PID.B/2020/PN MTR TENTANG TINDAK PIDANA PERDAGANGAN ORANG DENGAN KORBAN ANAK

Abstract

This thesis analyzes the judge’s considerations in the acquittal decision of the Mataram District Court, Case No. 310/Pid.B/2020/PN Mtr, regarding human trafficking involving a child victim. The study focuses on whether the judge’s reasoning aligns with the legal elements of exploitation and child protection principles under Indonesian law. A normative juridical method is used, applying statutory and case approaches. Primary legal sources include Law No. 21 of 2007 on the Eradication of Human Trafficking and Law No. 35 of 2014 on Child Protection. Legal materials were gathered through library research and analyzed prescriptively to assess the compatibility between legal facts and the legal norms applied. The findings indicate that although there was evidence of child exploitation, the judge ruled that the defendants were not proven to have committed the crime. This shows weak legal protection for children and inadequate judicial understanding of the exploitation element. Therefore, improving judges’ comprehension of child protection laws and providing clearer legal guidelines in similar cases is necessary to ensure better protection for child victims in the justice system.