ANALISIS YURIDIS TERHADAP TINDAK PIDANA KEKERASAN SEKSUAL BERMOTIF UTANG DALAM PUTUSAN NOMOR 148/PID.SUS/2023/PN.SMN

Abstract

In cases of sexual violence against women, the unequal power relations referred to are between men and women. The problems in this study are: 1) How are the elements of sexual violence motivated by debt applied in Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence? and 2) What efforts have victims made to seek legal protection against sexual violence motivated by debt? This research method uses normative legal research with secondary data. The approaches used are the statutory approach, conceptual approach, and case approach. The analysis used is qualitative. The results of this study indicate that the application of elements to the crime of sexual violence with debt motives in Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence is the element of every person and the element with violence or threat of violence or by abusing position, authority, trust, influence arising from deception or relationships of circumstances, vulnerability, inequality, helplessness, dependence of a person, debt trapping or giving payment, or benefits with the intention of gaining profit, or exploiting sexual organs or other organs of that person aimed at sexual desires with him or with others. Efforts made by the victim for legal protection against the crime of sexual violence with debt motives are legal and non-legal efforts. The legal efforts made by the victim by reporting the defendant's actions to the DIY Regional Police and the defendant was sentenced to criminal sanctions in the form of imprisonment for 4 (four) years and 6 (six) months and a fine of Rp. 200,000,000,- (Two hundred million rupiah).