CD Skripsi
Tinjauan Yuridis Perlindungan Hukum Korban Tindak Pidana Pemerkosaan Yang Menderita Gangguan Kejiwaan
ABSTRACT
Rape is an act of violence that is considered very detrimental and disturbs peace and order in life, especially for its victims. Rape in this case gets very serious attention because the victims are not just normal adult women but people who suffer from psychiatric disorders. Related to this problem, there are two examples of cases of rape victims who suffer from psychiatric disorders, the first case occurred in Probolinggo, East Java, precisely in the KraksaanPaiton and Pajarakan sub-districts.
The aim to be achieved in this study is to find out the legal protection arrangements of victims of rape crimes suffering from psychiatric disorders. To find out the ideal punishment rules for perpettractors of criminal acts of rape to victims suffering from psychiatric disorders.
This type of research can be classified into a type of normative juridical research based on legal principles. Data sources are supported by primary legal materials, secondary legal materials and tertiary legal materials. Techniques for collecting library study data, reviewing, analyzing and analyzing data qualitatively and drawing conclusions deductively.
From the result of the problem research, there are two main things that can be concluded first, legal protection arrangements for victims of rape crimes suffering from psychiatric disorders. Second, the ideal criminal code for rape perpetrators to victims who suffer from psychiatric disorders is in the Criminal Code Article 286 which reads: “Whoever has intercourse with a woman outside of marriage, even though it is known that the woman is in a state of fainting or not helpless, threatened with a maximum prison sentence of nine years’. The need for considerations that should be a weighting factor for rape offenders who suffer from psychiatric disorders.
Keywords: Rape¬ - Psychiatric Disorders - Legal Protection
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