PENEGAKAN HUKUM PELAKU TINDAK PIDANA PENYELUNDUPAN MANUSIA BERDASARKAN PASAL 120 AYAT 1 UNDANG-UNDANG NOMOR 6 TAHUN 2011 TENTANG KEIMIGRASIAN DI WILAYAH HUKUM POLRES DUMAI

Abstract

People smuggling as an organized crime has been discussed in the United
Nations Convention Against Transnational Organized Crime or the United
Nations Convention against Transnational Organized Crime which was finally
ratified through Law Number 5 of 2009 concerning Ratification of the United
Nations Convention Against Transnational Organized Crime, in order to
strengthen international cooperation and be increased so that can prevent and
eradicate transnational organized crime.
This type of research can be classified in the type of sociological legal
research. This type of research can be classified in the type of sociological legal
research (empirical), because in this study the author directly conducts research
at the location or place under study in order to provide a complete and clear
picture of the problem being studied. This research was conducted at the Dumai
Police Resort.
The conclusions that can be drawn from the results of the research are:
First, law enforcement carried out by the Dumai resort police in dealing with
criminal acts of people smuggling does not concretely explain the position of the
victim as a perpetrator and regarding the crime of people smuggling only
explains in general terms by relying on the norms of Articles 113 and 120 which
the initial formulation was "everyone" even though what happened in the field of
offenses "everyone" only applies to the perpetrator or the person who brought the
human. Second, the crime of people smuggling in Indonesia already has rules for
immigration, but there is no special article or special law that regulates the crime
of people smuggling, the purpose of the regulation in this special section is
because this crime of smuggling is different from immigration crime because it
has an element of offense. Third, the ideal sanction arrangement should be in line
with the purpose of sentencing, the sanction can be in the form of a social work
crime.
Keywords: Law Enforcement, People Smuggling, Immigration, Sanctions.