KRIMINALISASI INSES (HUBUNGAN SEKSUAL SEDARAH) DALAM PERSPEKTIF PEMBAHARUAN HUKUM PIDANA INDONESIA

Abstract

In the Criminal Code, the regulation regarding incest is regulated in the
Criminal Code (hereinafter referred to as the Criminal Code). The article relates
to incest if the act is committed against his biological child, stepchild, adopted
child, child under his supervision who is not yet an adult or underage as a victim
of obscene acts from his parents as regulated in Article 294 paragraph (1) of the
Criminal Code. In the provisions of Article 8 letter (a) of Law no. 24 Year 2004
Regarding the Elimination of Domestic Violence , those who are legal subjects
who must be held accountable for their actions are individual humans or
individuals. Then in the Law No. 35 of 2004 About Child Protection . Of the
several existing regulations, there is no regulation regarding incest committed on
a consensual basis and in its current development, it turns out that there is still a
legal vacuum in its criminalization.
The objectives in writing this thesis are: First , to find out how the
synchronization of the law of incest in the laws and regulations in Indonesia.
Second, To find out the formulation policy for the formulation of criminal norms
for incest regulation in perfecting and formulating the ideal criminal law policy.
The type of research used in this research is normative legal research or it
can also be called doctrinal legal research. Normative legal research is library
law research . In this normative research, the author conducts research on the
principles of law . From the results of the study, it was found that from the current
legal protection arrangements, both in terms of Law Number 23 of 2004
concerning the Elimination of Violence in Households, especially Article 46 and
Law Number 35 Years 2014 concerning child protection, especially article 81
paragraph (1) . However, in these settings it has not been explicitly regulated
against parents and siblings as perpetrators and there are no provisions
regarding weighting of criminal threats and additional penalties for parents and
siblings as a perpetrators (crimes of incest) especially those that occur in adults
and on a consensual basis .
Author's Suggestion, First, Considering how dangerous the crime of incest
is committed in the family environment in relation to the legal protection of
children, then better in drafting legislation should be more noticed again.
Keywords: Incest-Criminalization-Legal Refor