ANALISIS TINDAK PIDANA PELECEHAN SEKSUAL SESAMA JENIS DALAM PERSPEKTIF HUKUM PIDANA INDONESIA DAN HUKUM PIDANA ISLAM

Abstract

The main problem in this study is to analyze the crime of homosexual harassment from the perspective of criminal law and Islamic criminal law.

This type of research uses normative legal research, which is research that studies and analyzes applicable laws and regulations. The research method used is a quantitative method, the approach used in this study is a Conceptual Approach, the data collection technique used is carried out by literature, namely studying the literature related to this research.

The results of the study found that the application of sanctions against perpetrators and legal protection for the crime of homosexual harassment is currently not explicitly regulated, but in the latest Criminal Code it has been regulated in Article 414 paragraph (1) and paragraph (2), while in Islamic criminal law it is regulated in Qanun Jinayah Aceh article 46.

The latest enforcement of the government's Criminal Code must be able to effectively socialize within the next three years so that the implementation or enforcement of the new Criminal Code can become a regulation that provides legal certainty for victims. Preventive measures are needed from the state in the form of sexual health services for individuals with homosexual orientation disorders. The state also needs to undertake social rehabilitation efforts for those experiencing sexual orientation disorders.