Pertanggungjawaban Pidana Terhadap Pelaku Eksibisionisme
), John Dirk Pasalbessy(2), Denny Latumaerissa(3)
(1) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
(2) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
(3) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
Corresponding Author
Abstract
Introduction: In the development of modern times there are many changes that occur, both in technology, crime, even due to sexual deviation, in the Criminal Code in article 281 it reads that whoever intentionally and in front of other people who are there against his will violates decency. They are threatened with imprisonment for a maximum of two years and eight months, but in reality there are cases of crimes against decency, namely exhibitionism, which are not subject to punishment or acquittal.
Purposes of the Research: The purpose of this research is to study and analyze exhibitionism acts that can be qualified as pornographic acts and to analyze the criminal liability of exhibitionism acts.
Methods of the Research: The research method in this study is normative legal research, using a law approach, a case approach related to this research.
Results of the Research: Based on research results. Exhibitionism can be qualified as action porn because the act of exhibitionism fulfills the elements of action porn where the act is carried out in a public place not through the media, so that exhibitionism acts are classified as a crime of decency but exhibitionism acts cannot be held criminally accountable, some can indeed be punished and there are also those who cannot be held criminally responsible because they fulfill the elements of article 44 of the Criminal Code, in which anyone who commits an act that cannot be held accountable to him because his soul is disabled in growth or disturbed by disease cannot be punished.
Keywords
DOI
10.47268/tatohi.v3i4.1799
Published
2023-10-08
How To Cite
@article{TATOHI1799,
author = {Delton Jaranmassa and John Pasalbessy and Denny Latumaerissa},
title = {Pertanggungjawaban Pidana Terhadap Pelaku Eksibisionisme},
journal = {TATOHI: Jurnal Ilmu Hukum},
volume = {3},
number = {4},
year = {2023},
keywords = {Criminal act; Passive Money Laundering; Businessmen},
abstract = {Introduction: In the development of modern times there are many changes that occur, both in technology, crime, even due to sexual deviation, in the Criminal Code in article 281 it reads that whoever intentionally and in front of other people who are there against his will violates decency. They are threatened with imprisonment for a maximum of two years and eight months, but in reality there are cases of crimes against decency, namely exhibitionism, which are not subject to punishment or acquittal.Purposes of the Research: The purpose of this research is to study and analyze exhibitionism acts that can be qualified as pornographic acts and to analyze the criminal liability of exhibitionism acts.Methods of the Research: The research method in this study is normative legal research, using a law approach, a case approach related to this research.Results of the Research: Based on research results. Exhibitionism can be qualified as action porn because the act of exhibitionism fulfills the elements of action porn where the act is carried out in a public place not through the media, so that exhibitionism acts are classified as a crime of decency but exhibitionism acts cannot be held criminally accountable, some can indeed be punished and there are also those who cannot be held criminally responsible because they fulfill the elements of article 44 of the Criminal Code, in which anyone who commits an act that cannot be held accountable to him because his soul is disabled in growth or disturbed by disease cannot be punished.},
issn = {2775-619X}, pages = {403--408} doi = {10.47268/tatohi.v3i4.1799},
url = {https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/1799}
}
Jurnal
Denny Latumaerisa dan Judy Saimima, Pertanggungjawaban Pidana Partai Politik Dalam Tindak Pidana Korupsi, Jurnal Masohi, 2020
Giovanny F. Syaranamual, John D. Pasalbessy dan Yonna B. Salamor, Kajian Kriminologis Kekerasan Seksual Terhadap Anak, Tatohi, Jurnal Imu Hukum, 2022
Buku
Achmad A. Abidin, “Perilaku Penyimpangan Seksual dan Upaya Penegahanya di Kabupaten Jombang”, IAI Darussalam Blokagung Banyuwangi, Banyuwangi, 2017
Barda Nawawi Arief. Perbandingan Hukum Pidana, Cetakan Pertama, Rajawali, Jakarta, 1990
Bambang Poernomo. Asas-Asas Hukum Pidana, Ghalia Indonesia, Jakarta, 1985
Hasbullah F Sjawie. Pertanggungjawaban Pidana Korporasi Pada Tindak Pidana Korupsi, Prenada Media Group, Jakarta, 2015
Moeljalento. Asas-Asas Hukum Pidana Edisi Revisi, Renika Cipta, Jakarta, 2008
Mahrus Ali. Dasar-Dasar Hukum Pidana, Sinar Grafika, Jakarta, 2012
Sampur Dongan Simammora dan Mega Fitri Hertini. Hukum Pidana Dalam Bagan, FH Untan Press, Pontianak, 2015
Teguh Prasetyo. Hukum Pidana, Raja Grafindo Persada, Depok, 2010
Online/World Wide Web
Direktori Putusan Mahkamah Agung Republik Indonesia. No. 865 K/Pid.Sus/2013, 22 Mei 2013
: 493 times
Download : 400 times
Refbacks
- There are currently no refbacks.
Copyright (c) 2023 Delton Geisberth Jaranmassa, John Dirk Pasalbessy, Denny Latumaerissa
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
