ANALISIS YURIDIS SOSIOLOGIS TENTANG PELAKSANAAN PEMBERIAN PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KORBAN TRAFFICKING DI PENGADILAN(Studi di Pengadilan Negeri Banyuwangi)
as trafficking victims. However, the requirement is in “Undang-Undang no.21 tahun 2007 tentang pemberantasan tindak pidana perdagangan orang” “Undang-Undang no. 13 tahun 2006 tentang perlindungan saksi dan korban” “Undang-Undang no.23 tahun 2002 tentang perlindungan anak” and “Undang-Undang no.39 tahun 1999 tentang HAM”. Meanwhile in the implementation, are the rights covering all the protection? And what are the obstructions faced by Banyuwangi state court in giving those rights? Therefore the statement problem that taken by the researcher is How the law protection to children as trafficking victims, How the application of law protection to children as trafficking victims, and the third is how the obstruction in covering the rights for the victims. The approach of the research is to answer the questions above by using Juridical Sociologic method which elaborates on the recent requirement such as “Undang-Undang no.21 tahun 2007 tentang pemberantasan tindak pidana perdagangan orang” “Undang-Undang no. 13 tahun 2006 tentang perlindungan saksi dan korban” “Undang-Undang no.23 tahun 2002 tentang perlindungan anak” and “Undang-Undang no.39 tahun 1999 tentang HAM”. In addition, those related to the law theory herewith the fact in the society life as in this report analysis. According to the value of the research, the researcher could conclude that state court as the country institution has done its job in giving the specialized protection to the children as the trafficking victims. However, the application of law protection is giving act to children humanized fit with their rights, providing the guide for from police department or even parents or parents in law in the courts. Banyuwangi state courts give garanty to keep the relation among parents and family. Besides Banyuwangi state court has judging the doer of trafficking action for the children under ages will get “Pasal 83 Undang-Undang No.23 tahun 2002 tentang perlindungan Anak”. Banyuwangi state court is also giving the protection for the children as the trafficking victims from entertainment related to the mass media and avoiding the lobelias by applying the court close for public and also could be by changing the children identity to cover the self identity as the victims. In addition, the eyewitness under the ages could not come into the court to give the statement, but in his statement, those children will be taken by VIA Handphone and the children statement can be heard in court by using Handphone loudspeaker. And they give right for explanation without pressure for children. Banyuwangi state court gives warranty of safety for victims, well physically, mentally and socially by providing certain officer from police department. Banyuwangi state court has relation with police department for protecting before, as long as and after investigation of the problem of viewer and victims wit his family to get frighten which can be harmful for him. Therefore, Banyuwangi state court gives accessibility for getting further information of the problem. In the side part, for implementing it, Banyuwangi state court has problems which can affect right to be not done well. The writer gives advises these are Banyuwangi state court must keep searching solution in order protection of law can be done. Because it is the children right that must be given, the children feel protecting maximally. Therefore, this study is expected to Banyuwangi state court be able to find solution of temptation in giving law protection to children as trafficking victims and can give the right of law protection because it is profit for them as trafficking victims.
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