The Rights of the Victims in Submitting a Complaint against the Criminal Act of Counselling in Indonesia

Abstract

The crime of sexual intercourse committed by adults accompanied by persuasion or promises is not regulated as a crime formulation in the Criminal Code (KUHP), so that women as victims do not get justice because the complaints made are not processed by the police, The purpose of this study is to analyse the regulation of the rights of victims in filing complaints against perpetrators of criminal acts of sexual intercourse and to analyse and find weaknesses in the regulation of victims' rights in filing complaints against perpetrators of crimes of sexual intercourse as well as reconstructing regulations on the rights of victims in filing complaints against acts of sexual intercourse so that they can be used as offense so that it can provide a value of justice. This research is a non-doctrinal/socio-legal-research research with a descriptive study. The approach method in this research is Juridical Sociological by using constructivism paradigm. The results showed that the act of sexual intercourse carried out by adults accompanied by persuasion or certain promises is a crime that has not been accommodated by current regulations so that the protection of the victim is not fulfilled as well as the victim's right to complain about the sexual act experienced because the police do not can follow up the complaint so that the criminal sanctions imposed on the perpetrators cannot be carried out. Weaknesses in the current regulations include lagging behind the Criminal Code as the basis of criminal law in accommodating the rights of victims of sexual intercourse in filing complaints, which are weaknesses in terms of legal substance, the resolution of cases by the police which is not optimal is a weakness in terms of legal structure and weaknesses in the perspective of legal culture related to vacancies. the law on the victim's right to file a complaint in the act of sexual intercourse which causes the victim to be reluctant to file a complaint, because the settlement will only be done through mediation, and does not provide a deterrent effect. Reconstruction of Article 284 of the current Criminal Code by including the element of deliberately breaking the promise to be responsible for sexual acts and the victim has the right to file a complaint with the police for the actions he has experienced so that the victim's rights can be fulfilled and get justice.