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All Journal Jurnal Preferensi Hukum (JPH)
Kade Richa Mulyawati
Fakultas Hukum, Universitas Warmadewa, Denpasar, Bali-Indonesia
Law, Crime, Criminology & Criminal Justice

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Analisis Yuridis Pertanggungjawaban Pidana Pelaku Pelecehan Seksual Yang Menderita Fetishistic Disorderv (STUDI PUTUSAN NOMOR 2286/Pid.Sus/2020/PN Sby) Kade Richa Mulyawati; Putu Ayu Candradiva Saraswati; Anak Agung Sagung Laksmi Dewi
Jurnal Preferensi Hukum Vol. 6 No. 2 (2025): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jph.6.2.2025.153-159

Abstract

One form of behavioral deviation that has occurred in human life is fetishistic disorder. The formulation of the problem in this study are: How is the legal regulation of the perpetrators of sexual harassment in Indonesia? and How is the form of criminal liability for perpetrators of sexual harassment who suffer from fetishistic disorder case study of decision Number 2286/Pid.Sus/2020/PN Sby. This research uses a normative methodological approach that focuses on legal analysis and legislation, and utilizes a conceptual approach. The result of this research is that fetish behavior can only be classified as obscene acts if there are acts of coercion, kissing, or sexual touching of the victim and this can fulfill the elements of the article on violation of decency in the Criminal Code. The perpetrator was sentenced to imprisonment and a fine for disseminating personally intimidating electronic information. The government should immediately harmonize the laws and regulations governing the term sexual harassment in the Criminal Code in detail. This is very necessary in imposing appropriate criminal sanctions on the perpetrator.
Kajian Hukum Terhadap Tindakan Aborsi Bagi Korban Pemerkosaan Dalam Perspektif Undang-Undang Kesehatan Elsa Viona Odilia Songgor; I Nyoman Sujana; Kade Richa Mulyawati
Jurnal Preferensi Hukum Vol. 6 No. 2 (2025): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jph.6.2.2025.160-164

Abstract

This article is a normative legal research analyzing abortion. This research focuses on abortion performed by single women after the crime of rape. This is the main focus of the study because there is a conflict of norms between the Criminal Code which strictly prohibits abortion for any reason, and Law No. 17 of 2023 concerning Health which allows it for rape victims and medical emergencies. The author formulates the following problem formulation to overcome these problems. How is the regulation of abortion for rape victims in the Health Act? And what are the implications of abortion for rape victims in the Health Act? The type of research used is normative legal research. Furthermore, the legislative approach is applied in this research. The research shows that in accordance with Law No. 17 of 2023 concerning Health, a lex specialis that provides legal protection to victims of rape against the act of abortion provocatus, abortion against victims of sexual violence is allowed in the applicable area, criminal law as lex generale. However, this is only provided if the victim meets the requirements set out in Government Regulation No. 61/2014 on Reproductive Health.
Co-Authors Dewi, A.A Sagung Laksmi Elsa Viona Odilia Songgor I Nyoman Sujana Putu Ayu Candradiva Saraswati