PENERAPAN ASAS NASIONALITAS PASIF DAN PEMINDANAAN PEMBANTU TINDAK PIDANA PERDAGANGAN ORANG DALAM RKUHP

Abstract

Human Trafficking is a serious crime that may take place in more than one countries. This condition makes Indonesian legislators to criminalize the criminal act which takes place outside Indonesia’s teritory. In Article 568 RKUHP, stated that “"Any person outside the territory of the Republic of Indonesia who provides assistance, facilities, facilities or information for the occurrence of criminal acts of trafficking in persons, shall be punished with the same punishment as the maker as referred to in Article 555." This regulation may raise a problem about how passive nationality principle can be implemented to overcome assistance in human trafficking outside Indonesia’s territory and how the regulations between Law Number 21/2007 may consistent with RKUHP. This article was done by doing normative juridical research , with conceptual and statute approach. The conclusions are:passive nationality principle can be implemented, based on international agreement related to mutual legal assistance in criminal matters, and extradition agremeent between countries. Principle ”Own National can not be Extradite”will cause difficulties to enforce passive nationality principle for foreign nationals who involve as accomplice criminal actor outside Indonesia’s territory.