Penerapan Prinsip Non-Punishment terhadap Korban Tindak Pidana Perdagangan Orang yang Dipaksa Melakukan Tindak Pidana Berdasarkan Hukum Pidana Indonesia

Abstract

Human trafficking has developed through modes that force victims to commit criminal acts, creating problems concerning protection from prosecution. This study examines the regulation of the non-punishment principle for trafficking victims forced to commit criminal acts and factors causing gaps between legal regulation and law enforcement practice. The study aims to analyze the basis for applying the non-punishment principle and identify implementation obstacles in Indonesian criminal law. This normative research employs statutory, conceptual, and case approaches through library research and qualitative analysis. The findings show that the non-punishment principle has a legal basis in Article 18 of Law Number 21 of 2007 and is related to coercion, while being reinforced by international instruments. Its implementation remains constrained by weak identification, difficulties in proving coercion and exploitation, and inadequate interagency coordination. Therefore, integrated assessment, national SOPs, improved enforcement capacity, and stronger coordination are required to ensure consistent and substantive victim protection.