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International Journal of
Law
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VOL. 6, ISSUE 5 (2020)
Reconstruction of the criminal act of prostitution penal responsibility in the Indonesian penal code based on justice value
Authors
Iwan Rasiwan, Hartiwiningsih, Sri Endah Wahyuningsih
Abstract
It is considered important that criminal responsibility for the crime of prostitution is carried out because the formulation of Article 296 of the Indonesian Criminal Code (KUHP) has been misinterpreted so that it is discriminatory as only the pimps are convicted while prostitutes are not touched by the law. The main problem being studied by the author in this article is what aretheweaknesses of the legal construction of the criminal act of prostitution in Indonesia currently, and how is the ideal construction of criminal responsibility for the perpetrators of prostitution in the Indonesian Criminal Code based on the value of justice. The method of research used in this article is juridical-empirical where the research type is qualitative research with a sociological juridical approach (Socio-Legal Approach). The results show that Indonesia's current positive legal constructs only criminalize “individual” pimps and have not criminalized corporate legal entities that act as pimps, prostitutes either undergoes prostitution through pimps or carry out their activities independently without fear of being criminalized. The scope of prostitution and its annihilation has only been limited to criminalizing female prostitutes, excluding male prostitutes and the pattern of prostitution also does not criminalize same-sex prostitution (LGBT). To be able to solve this problem, the reconstruction of criminal responsibility for prostitution in the Criminal Code based on the value of justice is needed, by constructing the criminal responsibility of prostitutes, prostitutes, and individual pimps and corporate legal entities.
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Pages:400-404
How to cite this article:
Iwan Rasiwan, Hartiwiningsih, Sri Endah Wahyuningsih "Reconstruction of the criminal act of prostitution penal responsibility in the Indonesian penal code based on justice value". International Journal of Law, Vol 6, Issue 5, 2020, Pages 400-404
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