“Pertanggungjawaban Pidana Dn Yang Mempekerjakan Anak Sebagai PSK Ditinjau dari UU No. 23 tahun 2002 dan UU No. 21 tahun 2007”

Abstract

In 2008, Dn, a cafe owner in Way Halim, Bandar Lampung, accepted a fifteen years old girl to be working as a waitress in his cafe. Her name is Santi Wulandari. Dn was deliberately employ Santi Wulandari because he intended to make Santi as a prostitute (PSK). Eventually this case was on trial in Tanjung Karang’s court and The Panel of Judges had already decided based on Putusan No.1717/Pid/B/2008/PN.TK dated 17th April 2009 which is stated that Dn isn’t proved doing the crime. He didn’t prove that he already broke the law or made any fault. Therefore the court released Dn. The judges concluded that Santi Wulandari worked as a prostitute based on her own volition. No one forced her to work like that. The judges didn’t care about what Dn has done is a crime, which is called TPPO, based on Pasal 2 ayat (1) UU No. 21 Tahun 2007 tentang Pemberantasan TPPO, stated: “Every one that do recruitment, lifting or convey, catch, sending, moving, or receive someone that use abuse warning, implication of abuse, kidnaping, locking up, falsification, deceit, the misuse of power in the organization or relapse position, debt trapped or giving payment of purpose, although gain agreement from people that take control of another in the case of exploit that people in Republic of Indonesia”. The victim in this case is Santi Wulandari whose age is 15 years old. Based on UU No. 21 Tahun 2007 Santi Wulandari is included as a child so she should be within the scope of child protection.