ANALISIS YURIDIS PUTUSAN TINDAK PIDANA MARITAL RAPE (Studi Kasus Putusan No.8/Pid.Sus/2021/PN Sab)

Purba, Tri Arjuna (2021) ANALISIS YURIDIS PUTUSAN TINDAK PIDANA MARITAL RAPE (Studi Kasus Putusan No.8/Pid.Sus/2021/PN Sab). S1 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

Marital rape is an act of rape that is within the scope of the household. In Indonesia, marital rape is regulated in Article 8 letter c of the Law on the Elimination of Domestic Violence with the term sexual violence. The conviction of parents in this crime will have an impact on the family aspect in the family. Judges are state judicial officers who are authorized by the Law to judge as regulated in Article 1 number 8 of the Criminal Code. The thesis, entitled Juridical Analysis of the Decision on the Crime of Marital Rape with a case study of the decision No.8/Pid.Sus/2021/PN Sab. This study aims to determine whether the judge in his consideration has considered the family aspect in imposing a criminal decision on marital rape in the judge's decision No.8. /Pid.Sus/2021/PN Sab. The method used in this study is a normative method, namely research that focuses on legal norms. In collecting data, the writer uses literature study to study primary legal materials, secondary legal materials, and tertiary legal materials. Conclusions are drawn using the deductive method. The conclusion of this thesis is that the Panel of Judges in their consideration in the decision No.8/Pid.Sus/2021/PN Sab. has considered the family aspect in making its decision. However, the consideration of the panel of judges in this decision is more inclined to legal considerations.

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