Tindak Pidana Penyelundupan Pekerja Migran Indonesia (Studi Putusan Nomor 733/Pid.Sus/2024/Pn.Bls)
This study aimed to analyze the criminal liability and imposition of criminal sanctions on perpetrators of the illegal deployment and smuggling of Indonesian Migrant Workers, with particular reference to Decision Number 733/Pid.Sus/2024/PN Bengkalis and Law Number 6 of 2011 concerning Immigration. The conceptual framework encompassed criminal offenses, criminal liability, human smuggling, and Indonesian Migrant Workers. The study addressed two main issues: the legal regulation of the criminal offense of smuggling Indonesian Migrant Workers and the criminal liability of the perpetrator in Decision Number 733/Pid.Sus/2024/PN Bengkalis. The study employed a normative legal research approach, and the relevant legal materials were analyzed qualitatively. The results showed that the defendant was legally and convincingly proven to have committed the criminal offense of human smuggling. The defendant operated a speedboat from Upeh Island, Malacca, to Teluk Lecah Village, Bengkalis, to transport 21 Indonesian Migrant Workers without valid travel documents and without undergoing immigration inspection. The act was committed intentionally for financial gain, as evidenced by an agreed payment of Rp2,000,000.00 per trip and a down payment of Rp5,000,000.00. The panel of judges sentenced the defendant to 6 years and 6 months of imprisonment and imposed a fine of Rp1,000,000,000.00. The study concluded that perpetrators of human smuggling who act for financial gain may be subject to criminal sanctions under the applicable immigration provisions. In this case, the defendant fulfilled the elements of criminal liability because he intentionally transported Indonesian Migrant Workers through an illegal route for financial gain. At the same time, Indonesian Migrant Workers remain entitled to legal protection and entry into Indonesia in accordance with Law Number 6 of 2011 concerning Immigration.