KEBIJAKAN HUKUM PIDANA TENTANG TINDAK PIDANA PERKOSAAN
(SEBUAH KAJIAN PERBANDINGAN PENGATURAN DI INDONESIA,
MALAYSIA DAN SINGAPURA)
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Institusion
Universitas Katolik Soegijapranata
Author
PURNAWAN, MARSELLINA
Subject
320 Political science
Datestamp
2016-11-08 02:42:34
Abstract :
Rape is very detrimental to the victims, especially women, therefore, criminal law regulates criminal offenses and rape. Each country regulates rape differently. This thesis attempts to compare rape laws in Indonesia, Malaysia, and Singapore in order to assess whether the laws or regulations regarding rape in Indonesia can be corrected, supplemented, and renewed. The purpose of this thesis is to compare rape laws in three countries namely Indonesia, Malaysia, and Singapore. This comparative study is important in order to improve and renew the Penal Code of the Republic Indonesia (Kitab Undang- Undang Hukum Pidana), which is currently being prepared, to recommend rape laws as ius constituendum. These three countries are chosen because Indonesia, Malaysia, and Singapore are located in Southeast Asia, are close to each other geographically, and have Eastern culture. Nevertheless, the legal systems in the three countries are different. Indonesia uses the Continental European system, while Malaysia and Singapore use the Anglo-Saxon system. This thesis uses normative and comparative legal research methods. It is done by making comparison and analysis on 3 regulations on rape laws in Indonesia, Malaysia, and Singapore. It can be stated that rape laws in Indonesia are not as complete as in Malaysia and Singapore. The types of rape in Malaysia and Singapore are more complete and the punishment is heavier. For these reasons, the author of this thesis suggests that in the penal code reform, Indonesia should complete its reformed penal code with some alternative types of rape which have been regulated in Malaysia and Singapore in order to protect the victims of rape.
Rape is very detrimental to the victims, especially women, therefore, criminal law regulates criminal offenses and rape. Each country regulates rape differently. This thesis attempts to compare rape laws in Indonesia, Malaysia, and Singapore in order to assess whether the laws or regulations regarding rape in Indonesia can be corrected, supplemented, and renewed. The purpose of this thesis is to compare rape laws in three countries namely Indonesia, Malaysia, and Singapore. This comparative study is important in order to improve and renew the Penal Code of the Republic Indonesia (Kitab Undang- Undang Hukum Pidana), which is currently being prepared, to recommend rape laws as ius constituendum. These three countries are chosen because Indonesia, Malaysia, and Singapore are located in Southeast Asia, are close to each other geographically, and have Eastern culture. Nevertheless, the legal systems in the three countries are different. Indonesia uses the Continental European system, while Malaysia and Singapore use the Anglo-Saxon system. This thesis uses normative and comparative legal research methods. It is done by making comparison and analysis on 3 regulations on rape laws in Indonesia, Malaysia, and Singapore. It can be stated that rape laws in Indonesia are not as complete as in Malaysia and Singapore. The types of rape in Malaysia and Singapore are more complete and the punishment is heavier. For these reasons, the author of this thesis suggests that in the penal code reform, Indonesia should complete its reformed penal code with some alternative types of rape which have been regulated in Malaysia and Singapore in order to protect the victims of rape.
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