PENEGAKAN HUKUM PIDANA TERHADAP PELAKU TINDAK PIDANA PERDAGANGAN ORANG DITINJAU DARI EFEKTIVITAS PEMIDANAAN (STUDI KASUS KERANGKENG MANUSIA DI STABAT)

Sari

The human cage case in Stabat involving Terbit Rencana Perangin-angin, the former regent of Langkat, demonstrates the weak reach of the criminal justice system in addressing crimes committed by powerful actors. Although the legal process has been carried out to the cassation level, the substance of justice has not been fully achieved. Law enforcement in this case raises fundamental questions regarding the extent to which law enforcement officials are able to apply the law fairly, and whether the sentences imposed can fulfill the objectives of comprehensive punishment. This study examines two main problems: (1) how is criminal law enforcement against perpetrators of human trafficking in the human cage case in Stabat? and (2) how effective is punishment in preventing the crime of human trafficking? This study uses a normative juridical method with a statutory approach and a conceptual approach. The theories used are Soerjono Soekanto's theory of criminal law enforcement and Barda Nawawi Arief's theory of the effectiveness of punishment. Data are reviewed based on court decisions, scientific literature, and documents and reports from related institutions. Research findings indicate that law enforcement officials have not utilized all available legal instruments to their full potential. The charges filed do not reflect the magnitude of the crime, no additional penalties have been imposed, and the victim's right to restitution has been ignored. This indicates that law enforcement in this case still tends to be formalistic and has not addressed the essence of substantive justice. The effectiveness of sentencing has also not been achieved, either in terms of providing a deterrent effect, protecting victims, or preventing similar crimes. Sentencing is not commensurate with the losses suffered by victims and does not reflect the corrective or preventive functions of punishment. Therefore, structural courage is needed to enforce the law fairly, as well as an integrative effort between criminal law and victim protection so that the legal system does not become a symbolic instrument, but rather truly functions as a tool for social correction and the restoration of justice.