Legal Protection Efforts for Rape Victims Are Linked to Article 285 of the Indonesian Criminal Code

Abstract

Article 285 of the Criminal Code which regulates the crime of rape, both in terms of regulation and criminal sanctions imposed on perpetrators of rape has caused its own problems. Among legal experts, there is no agreement on whether the provisions of Article 285 of the Criminal Code have paid attention to and provided legal protection to victims of rape, further whether the provisions of Article 285 of the Criminal Code are still relevant or not to be applied, especially if it is associated with the reform era, one of which is the era of the formation of the National Criminal Code which is animated by Pancasila and the 1945 Constitution. This research uses prescriptive normative legal research methods, data collection techniques are through literature, and browse various literature that has relevance to the problem presented. Research departs and thinks that the provisions governing rape are still a legacy of the product of Dutch colonial legislation which is imbued with the spirit of individualism as outlined in Article 285 of the Criminal Code, and as a consequence the interests or rights of rape victims are not protected at all in Indonesian criminal law. The establishment and reform of laws based on values based on Pancasila and the 1945 Constitution is urgent to be carried out immediately, this is driven by the need for laws that can provide protection to the entire Indonesian nation, especially to rape victims. In addition, the participation of the community in providing services to rape victims is needed to help restore the victim's condition to normal conditions, both physical and mental conditions.

Keywords: Rape, Article 285 of the Criminal Code, Criminal, Dutch Colonial Legislation

DOI: 10.7176/JLPG/135-04

Publication date:August 31^st 2023