PENGATURAN TINDAK PIDANA PERSETUBUHAN TERHADAP HEWAN DALAM HUKUM PIDANA INDONESIA

Abstract

Bestiality, which can also be called zoophilia, is the involvement of contact and sexual activity
between humans and animals. Of course it is clear that this action is not in accordance with the norms in the
community. The case of Sutarya's grandfather in Bali, the case of a young man with a GA in Bali, the case of
a young man with the initials AS in Tasikmalaya, and the case of Hendro in Bone Sulawesi as evidence that
this heinous act occurred. Not regulating bestiality in Indonesian law, makes it unclear about law
enforcement officials in enforcing the law. So that the sanctions given to the perpetrators who were found
proven, in Bali, were given traditional sanctions and carried out traditional ceremonies to clean the souls of
the perpetrators, the village, and also the animals that became objects. This act does not only violate the
prevailing norms in the community, but also economic losses experienced by animal owners. including a
case of bestiality in Tasikmalaya which resulted in 300 chickens dead. Cows belonging to a resident in Bali
who were the object of Sutarya's grandfather also had to be drowned in accordance with the local
traditional ceremony. Legal certainty is needed to determine more appropriate regulations to be applied
uniformly.
The purpose of this study is to determine the arrangement of criminal acts of sexual intercourse with
animals in Indonesia. Especially criminal law as ultimum remedium. And to find out the impending criminal
law policy regarding sexual intercourse with animals in Indonesia. There are five principles of animal
welfare based on legislation and need to be considered by humans as animal owners: free from hunger,
thirst, pain, discomfort, fear, feeling depressed, pain, injury, illness, and free to express patterns of behavior
normal. In addition, animals must be protected from physical and psychological abuse.
Arrangement of criminal acts of intercourse with animals in Indonesia has not been regulated in
writing in the laws and regulations. In the Indonesian Penal Code the law is not regulated concretely.
Especially in Article 302 relating to animal abuse. in Article 66 of Law Number 18 of 2009 concerning
Animal Husbandry and Animal Health which protects animals from abuse and abuse is not accompanied by
criminal sanctions. As well as in the amendment law also does not mention the prohibition of criminal acts
of intercourse with animals. Government Regulation Number 95 of 2012 concerning the Health of
Veterinary Communities and Animal Welfare also does not regulate bestiality. As well as criminal law
policy that is carried out by the method of evolutionary approach that is by amending and inserting new
rules in an article relating to violence against animals. letter c Article 501 of RUU KUHP.
Keywords: Arrangements, - Bestiality, - Animals, - Criminal Law Policies.