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All Journal Humani (Hukum dan Masyarakat Madani) JURNAL PENDIDIKAN TAMBUSAI Pagaruyuang Law Journal JURNAL RECTUM: Tinjauan Yuridis Penanganan Tindak Pidana Amsir Law Jurnal (ALJ) Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab QISTINA: Jurnal Multidisiplin Indonesia Journal of Law, Education and Business Journal of Education Religion Humanities and Multidiciplinary Jurnal Pengabdian UMKM Journal of Accounting Law Communication and Technology
Anggalana, Anggalana
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Religion Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Nursing Social Sciences

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Journal : Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab

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Tinjauan Yuridis Tindak Pidana Pelecehan Seksual Terhadap Perempuan Bersuami: Studi Putusan Nomor 538/Pid.B/2023/PN TJK Maulana, Irfan; Anggalana, Anggalana
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 2, MAY 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i2.45826

Abstract

Sexual violence is a form of violence caused by sexual problems, and mild sexual violence is a form of verbal sexual harassment. The crime of morality refers to the act of sex. The article that regulates the crime of sexual harassment is contained in the Criminal Code regarding the crime of morality and violation of morality, but the Criminal Code does not recognize it with the term sexual harassment but in the Criminal Code it is referred to as obscene which is regulated by Articles 289 to 296 of the Criminal Code (KUHP). The research methods used in this study are a normative legal approach and an empirical approach. Data processing is carried out through library research such as literature and scientific works related to research problems. The results of this study show that the factors that cause perpetrators to commit sexual harassment crimes against married women are based on Decision Number 538/Pid.B/2023/PN TJK. is a sociative factor that occurs due to the influence of the environment carried out by the perpetrator, the desire that arises by the perpetrator and the opportunity so that it gives rise to the intention and intention to commit the crime. The Judge's consideration in applying criminal sanctions to the perpetrators of the crime of sexual harassment against married women based on Decision Number 538/Pid.B/2023/PN TJK sentenced the Defendant Ardi Santoso Bin Mursalim therefore with a prison sentence of 3 (three) years, the aggravating thing is that the Defendant caused trauma to the victim, the Defendant's actions disturbed the community and the Defendant's actions have not been forgiven by the victim's witnesses. Furthermore, the mitigating factor for the defendant is that the defendant is polite and straightforward in the trial, remorseful and does not repeat his actions, and the defendant has never been punished.
Co-Authors Ainita, Okta Alfiyan, Angga Aprinisa Baharudin Baharudin Bambang Hartono Erlina B Haliza, Siti Nur Hifiya, Ratu Diba Yolanda Irfan Maulana, Irfan Juliansa, Muhammad Raies karima, Nur kholan Lukmanul Hakim M. Ardiansyah Muhammad Ardiansyah Nabila, Ajeng Surya Pasaribu, Adhisti Syifani Putri, Kaneishia Rahmadika Putri, Tiara Susilo Rinaldy, Dion Sutedja, Herlizza Regina Wardhana, Yogie Kusuma Wayguna, Candra Wijaya, Aldy Avicena Yazhalina, Shefa Rindya Yulia Hesti Zhifa, Ersha Nadhia