CD Skripsi
Perbandingan Konsep Tindak Pidana Marital Rape Di Dalam Rumah Tangga Berdasarkan Undangundang Nomor 23 Tahun 2004 Tentang Penghapusan Kekerasan Dalam Rumah Tangga Dan Hukum Islam
Family is the smallest unit consisting of Father, Mother, Child, and servants, in living a household life is always faced with various problems both internal problems and external problems, while the number of households becomes a place of suffering and torture because of acts of violence in the household. The forms of crime included in domestic violence include: physical violence, psychological violence, sexual violence, and neglect of the household. Sexual violence / marital rape is a form of coercion (rape) of sexual relations with a wife or vice versa, marital rape violence is indeed a reality experienced by many women, but in fact this is often not discussed because of the patriarchal culture and gender ideology in society that makes women tend not to get their rights as women that occur in the private sphere.
This type of research can be classified in the type of normative legal research, because researchers conduct research on the comparison of laws and data collection techniques in this study is the study of literature.
From the results of the research conducted, it can be concluded, the comparison of laws is essentially a philosophical activity. In positive Indonesian law, there are rules governing criminal acts of violence in the household, namely Law Number 23 of 2004 concerning the Elimination of Domestic Violence and sexual violence found in Article 5 and Article 8 as sanctions for perpetrators of sexual violence are jailed for the longest 12 years and a fine of Rp. 36,000,000 (thirty six million rupiah). In Islamic law, there is no recognition of sexual violence / marital rape in marriage because of the rights and obligations between husband and wife in the way of muasyaroh bil ma'ruf.
Keywords: Legal Comparison - Crime - Marital Rape
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