Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Vol. 5 No. 3 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance

TINDAK PIDANA KEKERASAN SEKSUAL DALAM RUMAH TANGGA DALAM UU No.23 TAHUN 2004 TENTANG PKDRT

Sholihati, Wildya Laila (Unknown)
Anwar, Syahrul (Unknown)



Article Info

Publish Date
30 Dec 2025

Abstract

This study examines the criminal act of sexual violence within the household as regulated in Law Number 23 of 2004 concerning the Elimination of Domestic Violence (PKDRT Law). Sexual violence constitutes a violation of human rights that frequently occurs in domestic spaces and reflects an unequal power relation between perpetrator and victim. This research applies a normative juridical method with conceptual and statutory approaches. The findings reveal that sexual violence in the household is not limited to forced sexual intercourse but also includes coercion of deviant sexual practices and forced sexual relations with third parties. The PKDRT Law explicitly prohibits sexual violence under Article 5(c) and Article 8, and stipulates criminal sanctions under Articles 46–48, with penalties ranging up to 20 years imprisonment or fines of up to IDR 500,000,000. However, the study identifies inconsistencies in sanction provisions, particularly regarding minimum and maximum penalties. The research underscores the need for consistent law enforcement, gender-sensitive perspectives, and victim-centered approaches to ensure that the objectives of the PKDRT Law providing protection and preserving family integrity can be fully realized.

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Journal Info

Abbrev

home

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance editorials, reviews, research articles and short communications on following topics: Social-Political Governance 1. Election and Political Parties, 2. Democracy and Local Politics, 3. Decentralization Autonomy, 4. ...