ANALISIS YURIDIS DAKWAAN PENUNTUT UMUM TERHADAP KASUS PERDAGANGAN ANAK DALAM PUTUSAN NOMOR: 177/PID.SUS/2024/PN MPW

Abstract

This study analyzes the public prosecutor's indictment in a child trafficking case in Decision Number 177/Pid.Sus/2024/Pn Mpw. The complexity of this case often causes overlap between the application of Article 76F and 76I of Law Number 35 of 2014. This overlap occurs because child trafficking generally ends in exploitation, allowing both articles to be applied simultaneously in one case. Through a normative juridical approach with statutory and conceptual analysis, this study aims to examine the indictment and offer an alternative form of appropriate indictment. The results indicate that the overlap is caused by the public prosecutor's inaccuracy in distinguishing the elements of exploitation and trafficking, as well as overlapping legal facts that can weaken the evidence. As a solution to avoid this overlap, this study recommends a cumulative indictment form that includes Article 76I of Law Number 35 of 2014, Article 333 of the Criminal Code, and Article 378 of the Criminal Code, due to the existence of other crimes committed by the defendant. This study also recommends the need for increased prosecutorial accuracy in drafting charges, particularly in distinguishing exploitation as a consequence of child trafficking from stand-alone exploitation as this is important to ensure legal certainty and effective protection for child victims, while also supporting fair prosecution of perpetrators.