Legal Review of the Application of Article 281 of the Criminal Code in Cases of Sexual Violence against Women (Study of Decision Number 13/Pid.B/2021/PN Tmt)
Analisis penerapan Pasal 281 ayat (1) KUHP dan pertimbangan hakim dalam putusan PN Tilamuta
DOI:
https://doi.org/10.59211/j.lawjustice.v3i1.568Keywords:
sexual violence, article 281 of the criminal code, tilamuta district court, judge's considerationsAbstract
This article aims to analyze the application of Article 281 paragraph (1) of the Criminal Code to sexual violence against women in Decision Number 13/Pid.B/2021/PN Tmt and to examine the basis for the Tilamuta District Court judge's considerations in sentencing. The research uses a normative-empirical legal method with statutory, case, and conceptual approaches. Primary data were obtained from a review of decisions and interviews at the Tilamuta District Court, while secondary data were derived from the Criminal Code, the Criminal Procedure Code, the Law on Sexual Violence Crimes, books, journals, and other relevant legal materials. The results of the study indicate that the application of Article 281 paragraph (1) of the Criminal Code in the case formally accords with the single indictment of the public prosecutor and the legal facts revealed at trial. The elements of "whoever," as well as "intentionally" and "openly violating morality," are deemed fulfilled based on witness statements, the defendant's statement, evidence, and the fact that the act occurred in an open place. However, the one-month-and-fifteen-day prison sentence demonstrates a gap between the evidence of guilt, the impact of the victim's trauma, the victim's objections to forgiving the defendant, and the orientation of sentencing, which should provide stronger protection for female victims. The judge's considerations encompass both legal and sociological perspectives but still need to be strengthened with a focus on victim protection and substantive justice. This article emphasizes the importance of the public prosecutor's careful preparation of the indictment and the need for judges to consider the social, psychological, and gender-relations impacts in cases of sexual violence against women.Downloads
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