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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
Widhia Kusuma Wardani
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Law, Crime, Criminology & Criminal Justice

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Kekerasan Seksual terhadap Perempuan sebagai Pelanggaran terhadap Martabat Manusia: Perspektif Hukum Pidana: Perspektif Hukum Pidana Widhia Kusuma Wardani; Kuswardani; Dwi Edi Wibowo
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 25 No. 2 (2026): Vol. 25 No. 2 (2026): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v25i2.8251

Abstract

Sexual violence against women is rooted in discrimination by men, such as the restriction of women's rights or specific societal views regarding male superiority. This study aims to examine sexual violence against women from a criminal law perspective using a normative research method. The analysis reveals Sexual violence against women constitutes a violation of human rights and human dignity, as stated in the General Elucidation of the Sexual Violence Crime Act. The Sexual Violence Crime Act operates under the principle of lex specialis derogat legi generali (special law overrides general law) in relation to the Criminal Code. Under this Law, violence against women is generally classified as an ordinary offense (rather than a complaint based offense). Most of these criminal acts are classified as formal offense meaning the act is defined without regard to the consequences resulting from the act itself except for Articles 8 and 9, which regulate forced contraception and forced sterilization. This classification as a formal offense aims to protect victims by simplifying the burden of proof. These acts of sexual violence are committed intentionally to achieve specific objectives, with full awareness and certainty. In conclusion, the criminal offense under this Law is not a complaint based offense but rather an ordinary offense. It is formulated as a formal offense, given the highly detrimental impact such actions have on women.
Co-Authors Dwi Edi Wibowo Kuswardani