Kebijakan Hukum Pidana Kekerasan Seksual dan Perlindungan Hukum Terhadap Korban Kekerasan Seksual (Studi Putusan Pengadilan Negeri Medan Nomor 1170/Pid.Sus/2018/PN/Mdn dan Putusan Pengadilan Negeri Medan Nomor 1853/Pid.B/2019/PN.Mdn)

Abstract

Sexual violence in Indonesia is an increasingly emergency case and continues to increase every year in 2020 there were 431,471 cases, sexual violence in the public or community was recorded at 3,602 cases. Sexual violence itself is a physical or non-physical sexual act by someone who has power over the victim with the aim of fulfilling the sexual desires of the perpetrator that the victim does not want. Forms and types of sexual violence include: sexual harassment, sexual exploitation, forced contraception, forced abortion, rape, forced marriage, forced prostitution, sexual slavery, sexual torture. Based on the above issues, the problems of this thesis are as follows: How is the legal formulation of criminal acts of sexual violence against women, How is the formulation of legal protection for women victims of sexual violence, How is the legal protection for victims of sexual violence in Medan District Court Decision Number 1170/Pid.Sus/2018/PN.Mdn and Medan District Court Decision Number 1853/Pid.B/2019/PN.Mdn. The method in this research uses normative law, so the data used is secondary data. The crime of sexual violence is regulated in articles 281, 282, 283, 284, 285, 286, 289 of the Criminal Code, and articles 5, 8, 46, 47, 48 of law number 23 of 2004 concerning domestic violence, as well as article 11 of the draft law on the elimination of sexual violence. Legal protection of victims. The legal protection of victims of sexual violence is regulated in Articles 2,3,5,8 of Law No. 39/1999 on Human Rights, Articles 2,3,5,7,20 of the Universal Declaration of Human Rights, Articles 5 and 6 of Law No. 13/2006 on Witness and Victim Protection, Article 10 of Law No. 23/2004 on Domestic Violence, Articles 22,23,24,26, 28,29 of the Draft Law on the Elimination of Sexual Violence.