The defendant paid his friend to bring the victim, a 14-year-old child, to defendant’s café under the pretext of attending a birthday party. After defendant’s friend abandoned the victim at the café, the defendant told the victim to work as a server but also forced her to have sex with the male clients and kept all payments received for the victim’s services. Because the defendant used fraud to bring the victim to the café and exploited the victim by forcing her to act as a sex worker for profit, the Court of First Instance found the defendant guilty of human trafficking under section 2(1) of Law No. 21 of 2007 and sentenced the defendant to 10 years imprisonment with a fine of Rp. 120,000,000. The High Court upheld the lower court’s decision but amended the defendant’s sentence to seven years imprisonment. On appeal, the defendant argued that the High Court’s sentence of seven years was an error since the court did not consider that the victim had stayed with the defendant’s friend before coming to the café and therefore the health and condition of the victim may have worsened before coming to the defendant. The Supreme Court upheld the decision of the High Court and did not rule on the sentencing since it was a “judex facti matter (question of fact of the case)”.
Decision No. 1028 k/PID SUS/2009