ANALISIS YURIDIS BENTUK-BENTUK KEKERASAN SEKSUAL DALAM UNDANG-UNDANG NOMOR 12 TAHUN 2022 TENTANG TINDAK PIDANA KEKERASAN SEKSUAL (Studi Menurut Hukum Pidana dan Qanun Aceh)

Abstract

The juridical arrangement in the Sexual Violence Crime Law (TPKS) First, related to the limitations of legal instruments, the Criminal Code regulations only cover 2 things, namely rape and sexual harassment or obscenity.

In the writing of the thesis used, the method used is a normative juridical research method, namely this research is carried out based on legal materials and by using references by looking for theories and concepts of legal materials to be used, which legal materials are clearly related to legal principles, laws and regulations that are related to this research.

The results of the research, after the TPKS Law was issued, namely in article 4 of the TPKS Law, there are nine types of Sexual Violence Crimes, consisting of: Non-physical sexual harassment Physical sexual harassment Contraceptive coercion; Forced sterilization, Forced marriage, Sexual torture, Sexual exploitation, Sexual slavery, and Electronic-based sexual violence. In qanun jinayat does not categorize forms of sexual violence. In qanun jinayat, acts that are included in sexual violence are only two forms, namely sexual harassment, and rape. In Article 1 number 27 of the Qanun Jinayat is defined as "Sexual harassment is an immoral act or obscene act that is deliberately committed by a person in public or against another person as a victim, both male and female, without the victim's willingness". Regarding the scope of sexual harassment, it is expressly regulated in Article 46 and Article 47 of the Qanun Jinayat.