Legal Relationship of Licensing For Placement of Ship Crew In Cases of Human Trafficking Criminal Act

Abstract

Trafficking in Indonesia has been regulated in Law Number
21 of 2007 concerning the Eradication of Criminal Acts of
Human Trafficking. Interpretation of TPPO must fulfill the
elements of the process, namely recruiting, transporting,
sheltering, sending, moving or receiving someone. In
addition to the elements of the process, it must also fulfill the
elements of the method, namely by threats of violence, use of
violence, kidnapping, confinement, forgery, fraud, abuse of
power or vulnerable positions, debt trapping or giving
payment or benefits. Then it must also fulfill the element of
purpose, namely exploitation. This study uses normative
legal research with a conceptual approach, where the research
approach is based on the views and doctrines that develop in
legal science. Understanding these views and doctrines is a
basis for researchers in building a legal argument in solving
the issues faced. This study also uses a statute approach,
namely an approach carried out by examining all laws and
regulations related to the legal issue being handled. Then this
study, when viewed from its nature, is included in
descriptive research. The results of this study are that in
establishing a business entity engaged in the field of
ABK/seafarer agency, it must obtain a business license from
the Ministry of Law and Human Rights, but it must also
obtain that the business entity must have a business license
for recruitment and placement of ship crew (SIUPPAK)
issued by the Minister. The absence of SIUPPAK in the
business entity does not necessarily make a business entity
that does not have a license then charged with alleged
attempted TPPO.