DASAR PENJATUHAN PIDANA TERHADAP ANGGOTA TENTARA NASIONAL INDONESIA YANG MELAKUKAN TINDAK PIDANA PERKOSAAN

Giovani, Immanuel Dickcio (2020) DASAR PENJATUHAN PIDANA TERHADAP ANGGOTA TENTARA NASIONAL INDONESIA YANG MELAKUKAN TINDAK PIDANA PERKOSAAN. S1 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

This thesis discusses the basis for criminal convictions against members of the Indonesian National Army who commit the crime of rape. This study aims to determine the basic criminal law against the Indonesian National Army who commits the crime of rape against children. This research is a normative legal research that focuses on positive legal norms in the form of statutory regulations. This research uses a legal approach method. This type of research data is secondary data with primary legal materials and secondary legal materials. The technique of collecting data uses library research and data analysis techniques use deductive thinking methods. The regulation of the crime of rape is contained in Article 285 of the Criminal Code. The considerations used by military judges in imposing criminal sanctions for military committing rape that causes pregnancy include juridical and non-juridical considerations, namely that the act fulfills the element of rape as stipulated in Article 285 of the Criminal Code and non-juridical considerations, namely that the act is an inappropriate act. committed by a soldier from the Indonesian National Army which could damage the image of the Indonesian National Armed Forces in the eyes of the public and cause physical and mental burdens to the victim, including the future of the child he was carrying. The author suggests that it is hoped that the legislators can make legal reforms to provide legal guarantees to protect victims who experience pregnancy as a result of the crime of rape.

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