CD Skripsi

Perbandingan Hukum Pidana Terhadap Kriminalisasi Hubungan Seksual Sejenis Antara Sistem Hukum Indonesia Dengan Brunei Darussalam

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ABSTRACT
The Criminal Code Drafting Team made an effort to renew the offense of similar sexual relations, namely regarding obscene perpetrators who are of the same age as other people of the same sex who are known to be not old enough as stipulated in positive law in the 2017 Penal Code Draft Article 495 Paragraph (1) includes namely providing limits age, and an increase in criminal sanctions, which were originally sentenced to 5 years imprisonment in Article 292 of the Criminal Code to a maximum of 9 years. The impact of this kind of sexual relations can damage the moral and religious values that exist in Indonesian society based on the almighty deity , so that gradually this act seems to be legalized because there is no legal rule in Indonesia's positive law and is a threat to national identity, while there is a country that can regulate criminal sanctions to legalize similar sexual relations is Brunei Darussalam. The formulation of the problem of this thesis writing, first how is the comparison of criminal law to criminalization of similar sexual relations in the Indonesian country's legal system with Brunei Darussalam. Second, what is the ideal criminal law for same sex relations in Indonesia. The purpose of writing this thesis, namely; First, to find out the comparison of criminal law against the criminalization of similar sexual relations in the Indonesian state legal system with Brunei Darussalam. Second, to find out ideally criminal law against similar sexual relations in Indonesia The type of research used in this legal research is the normative juridical method.
this type of research is a legal comparison looking at the legal system, this research is descriptive, because the authors describe the comparison of criminal law against the criminalization of sexual relations similar to the legal system in Indonesia with Brunei Darussalam.The results of the research conducted by the author is that in the comparison of the Indonesian legal system adheres to continental Europe / civil law which regulates similar sexual relations, it is not enough to be acclimated in article 292 of the Criminal Code so that it is necessary to criminalize, because Indonesia is upholding eastern customs.
Whereas Brunei Darusallam's legal system adheres to Islamic law can criminalize the same sexual relations in the country with the aim of Sharia law to focus on prevention and not punishment. Ideally, criminal law in Indonesia against similar sexual relations, namely the existence of sanctions imprisonment as a deterrent effect, sanctions rehabilitation measures and social sanctions from the fulfillment of local customs, namely washing the village. From the results of research and discussion it can be concluded that First, criminalization in Indonesia is seen as important to see the condition of Indonesian society shrouded in fear of HIV / AIDS. Second, ideally the law of speech covers the subject, his actions, his responsibilities, his threats, his mechanism and execution.
Keywords: Criminalization - Similar Sexual Relations

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 04. 120 (0056)

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum -Pidana., 2020

Deskripsi Fisik

ix, 79 hlm.; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 04. 120 (0056)

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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