CD Skripsi

Peralihan Beban Pembuktian Didalam Tindak Pidana Pelecehan Seksual

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ABSTRACT
The evidentiary arrangements in the criminal procedural law in articles 183-184 of the Criminal Procedure Code regulate the provisions for how to prove and state valid evidence. This provision raises problems in cases of sexual harassment which so far has been likened to an iceberg phenomenon. Due to the limitations of the evidentiary provisions in the crime of sexual harassment, in fact it is difficult to disclose because such cases are not easy to obtain evidence as stipulated in the Criminal Procedure Code. Therefore, as an effort to deal with increasing sexual harassment and the importance of giving birth to a new paradigm, in order to answer the problems of society related to sexual harassment, for which proof has been difficult to disclose, it is necessary to implement a new evidentiary system, namely the use of reversing evidence in the crime of sexual harassment to present a more comprehensive law. appropriate in responding to the needs of modernization. The purpose of this research was to find out the effectiveness of the evidentiary process in handling cases of sexual harassment in Indonesia, as well as to formulate an ideal evidentiary process in handling sexual harassment crimes.
This research is a normative legal research. It is also called doctrinal legal research, namely legal research that uses data based on library research by taking quotations from the literature that has links with the issues to be studied. Thus this study uses secondary data sources consisting of primary, secondary, and tertiary legal materials. This study also uses qualitative data analysis and produces descriptive data.
From the results of the discussion and research conducted, several conclusions were obtained, namely: First, the evidentiary provisions stipulated in the Criminal Procedure Code are classified as a proof process that is not implementable in the crime of sexual harassment which is often constrained by evidence so that many escape the law. In the end, the evidentiary provisions that are regulated become an obstacle in projecting the law as a social engineering tool that is just and beneficial to society. Second, the use of an inverted evidentiary system in the crime of sexual harassment is an idea that was developed taking into account worldviews. Awareness, and legal ideals, as well as the philosophy of the Indonesian nation which originates from Pancasila and the Preamble to the 1945 Constitution of the Republic of Indonesia.
Keywords: Reversal Burden Of Proof-Sexual Harassment

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1909110561

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Pidana., 2023

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1909110561

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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