CD Skripsi

Kriminalisasi Inses (Hubungan Seksual Sedarah) Dalam Perspektif Pembaharuan Hukum Pidana Indonesia

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ABSTRACT
In the Criminal Code, the regulation regarding incest is regulated in the Criminal Code (hereinafter referred to as the Criminal Code). The article relates to incest if the act is committed against his biological child, stepchild, adopted child, child under his supervision who is not yet an adult or underage as a victim of obscene acts from his parents as regulated in Article 294 paragraph (1) of the Criminal Code. In the provisions of Article 8 letter (a) of Law no. 24 Year 2004 Regarding the Elimination of Domestic Violence , those who are legal subjects who must be held accountable for their actions are individual humans or individuals. Then in the Law No. 35 of 2004 About Child Protection . Of the several existing regulations, there is no regulation regarding incest committed on a consensual basis and in its current development, it turns out that there is still a legal vacuum in its criminalization. The objectives in writing this thesis are: First , to find out how the synchronization of the law of incest in the laws and regulations in Indonesia. Second, To find out the formulation policy for the formulation of criminal norms for incest regulation in perfecting and formulating the ideal criminal law policy.
The type of research used in this research is normative legal research or it can also be called doctrinal legal research. Normative legal research is library law research . In this normative research, the author conducts research on the principles of law .
From the results of the study, it was found that from the current legal protection arrangements, both in terms of Law Number 23 of 2004 concerning the Elimination of Violence in Households, especially Article 46 and Law Number 35 Years 2014 concerning child protection, especially article 81 paragraph (1) . However, in these settings it has not been explicitly regulated against parents and siblings as perpetrators and there are no provisions regarding weighting of criminal threats and additional penalties for parents and siblings as a perpetrators (crimes of incest) especially those that occur in adults and on a consensual basis .
Author's Suggestion, First, Considering how dangerous the crime of incest is committed in the family environment in relation to the legal protection of children, then better in drafting legislation should be more noticed again. Second, Protection for perpetrators of incest is very important needed to guarantee their rights as the next young generation nation .
Keywords: Incest-Criminalization-Legal Reform

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1509117437

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Pidana., 2022

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1509117437

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

DAUS

Versi lain/terkait

Lampiran Berkas

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