ANALYSIS OF CRIMINAL RESPONSIBILITY CRIMINAL CONDITIONERS OF RAPE TRIAL AGAINST WOMEN

Abstract


I. INTRODUCTION
The 1945 Constitution of the Republic of Indonesia affirms that the State of Indonesia is based on a rule of law (rechtstaat), not based on mere power (mechstaat). This means that the Republic of Indonesia is a democratic law state based on Pancasila and the 1945 Constitution of the Republic of Indonesia which upholds human rights and guarantees equality of every citizen before law and government. The law defines what to do and what not to do. The objective of the law is not only to convict people who have committed an illegal act, but also to prevent illegal acts that might occur.
The law always seeks to guarantee and protect the rights of individuals and society and protect the interests of the State from Criminal procedural law has a purpose, namely to seek and find material truth, namely the complete truth of a criminal case by applying the provisions of criminal procedure law honestly and in a timely manner with the aim of finding out who the perpetrator can be accused of committing a violation of the law, then request examination and a decision from the court in order to determine the truth of whether the person accused is proven to have committed a criminal act or not so as to create legal justice. deviation and deni.
According to Barda Nawawi Arief, law enforcement is an activity to harmonize the relationship of values that are defined in solid and embodied values and attitudes as a series of elaboration of the final stage of values to create, maintain and maintain a peaceful social life which is a preventive measure ) and acts of eradication (repressive). (Barda Nawawi Arief, 2008: 13) Furthermore, regarding the meaning of law enforcement. In a broad sense, it includes activities to implement and apply law and take legal actions against any violations or violations of the law committed by legal subjects, either through judicial proceedings or through arbitration processes and other dispute resolution mechanisms (alternative desputes or conflicts resolution).
In a narrow sense, law enforcement involves taking action against any violations or deviations from statutory regulations, especially in a narrower way through the criminal justice process involving the roles of the police, prosecutors, advocates and judicial bodies (Barda Nawawi Arief, 2008 : 22) One form of crime that is very detrimental and unsettling to society is the crime of rape. Rape is one of the many violations of human rights that often occur, so there is no reason to justify it, both from an ethical and religious perspective. The crime of rape is an act that is condemned by every civilized society. Only people who are immoral and have morals are still tolerant of the act of rape. Therefore, it is not surprising that the rapist is likened to an animal.
Crime is increasingly developing in its form not only relating to crimes of life or related to property, but also other crimes including the emergence of crimes related to decency, namely crimes in the form of sexual crimes which not only affect women. Sexual violence itself is a sexual contact in the form of sexual coercion and coercion which one party does not want. (Ismantoro Dwi Yuwonno. 2015: 1) Of the various crimes that have disturbed society and are contrary to the law, one of them is the crime of rape. Rape or sexual crimes are generally experienced by women, especially children or young people (adolescents). This incident occurs in society regardless of the social stratification of the perpetrator or victim. These crimes can arise due to the influence of the environment or psychological background that affects the behavior of the perpetrator in the past or because of spontaneous psychological shocks due to sexual stimulation.

METODE
The problems contained in this thesis journal research are that the researcher takes two approaches, namely through a normative juridical approach and an empirical approach in order to obtain a correct and objective research result as follows. a.

Normative Juridical Approach
The normative juridical approach is an approach by examining the methods, norms, rules, which are related to the problem to be studied. This approach is intended to collect various kinds of laws and regulations, theories and literatures that are closely related to the problem to be studied, namely the criminal act of attempted rape against women.
b. Empirical Approach The empirical approach is carried out by researching and collecting primary data obtained directly through research on the object of research by means of observation and interviews with sources related to the issues discussed regarding the criminal act of attempted rape against women.

B. Criminal Liability Against Perpetrators Who Commit the Crime of Attempted Rape Against Women (Study of Decision Number 223 / Pid.B / 2019 / PN.Sdn
Criminal law is a rule that contains crimes imposed on a person proven to have committed a criminal act. In order to be convicted of a person, what is seen is that the person has committed an act against the law, that person has been proven guilty, and can account for his actions. In criminal law being able to be held accountable for his actions is known as criminal liability.
According to Indra Joseph Marpaung as a Judge at the Sukadana District Court, said that criminal sanctions are the imposition of a sentence given to someone who is found guilty of committing a criminal act. These types of crimes vary widely, such as death penalty, life imprisonment, imprisonment, imprisonment and fines which are the principal crimes, and deprivation of certain rights, confiscation of certain items, and announcement of a judge's verdict which is additional penalties. The purpose of criminal sanctions is to maintain public order, and has the combined purpose of frightening, correcting and for certain crimes to destroy.

Suwardi as the Prosecutor at the East Lampung District Attorney said that for the existence of criminal responsibility it must be clear first who can be accounted for. This means that it must be considered beforehand who is declared as the maker of a crime. The question is whether accountability is requested or not, the most important thing is in the policy of the parties concerned to decide whether or not they feel necessary according to that accountability. Application of criminal law or a criminal law relating to the time and place the act was committed. As well as the validity of criminal law according to time regarding the application of criminal law from other aspects. In the event that a person commits a criminal act (feit) while the act has not been regulated or the provisions concerned have not been applied, then that matter cannot be prosecuted and absolutely cannot be convicted. Furthermore, Indra Joseph Marpaung as Judge at the Sukadana District Court said that criminal responsibility is the ability of a legal subject that has caused a criminal event and is punishable by punishment. Regarding the criminal act of rape in the Criminal Code is regulated in Article 285 "Whoever by force or threat of violence forces a woman to have intercourse with him outside of marriage, is threatened for committing rape with a maximum imprisonment of twelve years". Rape in question is rape for sexual intercourse. Conducted with violence or threats of violence, and outside of marital relations, which means that there is violence or threats of violence received by the victim from the perpetrator who is not her husband to have sexual relations or have intercourse.
In

Considering, whereas based on the testimony of the Witnesses and the testimony of the Defendant at trial it is proven that the identity of the Defendant is not denied to be true, so there is no error in persona that the Defendant is a suspect in the investigation who is suspected of having committed a criminal act which is the basis for the indictment of the Public Prosecutor;
Considering, therefore, that the Panel of Judges is of the opinion that the Defendant is the person who is referred to as "Whoever" in Article 285 of the Criminal Code Jo. Article 53 of the Criminal Code is that the criminal acts against him will be considered in proving the following elements; Considering, whereas based on the facts revealed above, the Panel of Judges is of the opinion that the "Whom" Element has been fulfilled; 2.

Elements of attempted violence or threats of violence to force a woman to have intercourse with him outside of marriage; Considering, that if the formulation of Article 53
Paragraph (1)