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PERLUASAN PASAL TINDAK PIDANA PERKOSAAN TERHADAP MAYAT DALAM UNDANG-UNDANG NOMOR 1 TAHUN 2023
The transition of the Criminal Code inherited from the Dutch colonial era to Law Number 1 of 2023 which will become the National Criminal Code is a form of development of criminal law in Indonesia. Necrophilia is a sexual disorder that has an attraction to sexual relations with corpses. Meanwhile, corpses are protected legal subjects who have the right to honor and dignity as stated in Article 28G Paragraph (1) of the 1945 Constitution of the Republic of Indonesia. Researchers identified the problem, namely, first, how to interpret the meaning related to the phrase "treating corpses in an uncivilized manner" in Article 271 of Law Number 1 of 2023, second, how is the criminal responsibility for perpetrators of criminal acts of rape against corpses. This study uses a normative juridical method with a statutory approach. The theories used in the study include the theory of interpretation and the theory of criminal responsibility. The results of this study indicate that there is still confusion in punishing perpetrators of rape against corpses in the Criminal Code that will be in effect in the future because the meaning in Article 271 is still too broad which causes multi-interpretation and ambiguity of meaning. Criminal responsibility is imposed individually because the perpetrators were fully aware of their unlawful actions. This study recommends expanding the definition of uncivilized treatment of a corpse in Article 271 of Law Number 1 of 2023 concerning the Criminal Code to avoid ambiguity in applying the law to perpetrators of this crime in the future. Rape, corpse, necrophilia
FAKULTAS HUKUM, UNIVERSITAS SULTAN AGENG TIRTAYASA
PERLUASAN PASAL TINDAK PIDANA PERKOSAAN TERHADAP MAYAT DALAM UNDANG-UNDANG NOMOR 1 TAHUN 2023 (Text)
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