JUSTICIA SAINS: Jurnal Ilmu Hukum
Vol 10, No 2 (2025): JUSTICIA SAINS: Jurnal Ilmu Hukum

Kebijakan Kriminalisasi Perbuatan Menyetubuhi Mayat Dalam Hukum Pidana Indonesia

Valeta, Echa (Unknown)
Erdianto, Erdianto (Unknown)
Ardiyanto, Syaifullah Yophi (Unknown)



Article Info

Publish Date
07 Dec 2025

Abstract

This study aims to examine the policy of criminalizing sexual intercourse with corpses within the framework of Indonesian criminal law. The primary focus lies in comparing the old Criminal Code, which did not explicitly regulate such acts (only through Article 181 on mistreatment of corpses), with the new Criminal Code, which explicitly criminalizes the act under Article 271. Employing a normative juridical approach, this research is analyzed using the principles of legality, the theory of culpability, and supported by non-legal theories such as morality, legal sociology, and forensic psychology to strengthen the rationale for criminalization. The findings demonstrate that penalizing sexual acts with corpses is legally justifiable, both from the perspective of substantive and procedural criminal law, as it reflects the protection of human dignity even after death. This study also identifies several challenges in the implementation, including low public awareness and evidentiary difficulties, and proposes enhancing legal education and inter-agency collaboration as potential solutions. The research contributes to the development of a more humanistic and responsive Indonesian criminal law in addressing contemporary crimes.

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Journal Info

Abbrev

hkm

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

JUSTICIA SAINS: Jurnal Ilmu Hukum [E-ISSN: 2502-1788; P-ISSN: 2527-4201] is the Journal of Legal Studies published by the Faculty of Law of Universitas Sang Bumi Ruwa Jurai, Lampung, Indonesia. Its main aim to disseminate critical and original analysis from researchers and academic practitioners on ...