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Reply from Ms. Elizabeth Siregar, S.H., M.H. Siregar
2020.11.20 13:55:03
Thank you for the question,Mrs Henni.The weakness of the Criminal Code is that the concept of sexual violence is regulated in the Criminal Code, only rape and sexual immorality. Regarding the formulation of rape, the element that must be met is ^intercourse^. Intercourse is defined as the penetration of the penis into the vagina which causes semen to be released. And require compulsion. While rape can occur, without the discharge of semen, as in the case of azoospermia, and there is no compulsion such as gender-based sexual violence. Based on research by MaPPI FH UI in 2015, several court decisions stated that, in fact the judges still used the narrow formulation in the KUHP. Furthermore, the Criminal Code also does not regulate sexual violence based on power relations.
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