PERBANDINGAN HUKUM PIDANA INDONESIA DAN HUKUM PIDANA MALAYSIA TENTANG TINDAK PIDANA PERKOSAAN

Abstract

Rape has an arrangement in Indonesia in Article 285 of the Criminal Code and regulation of rape in Malaysia is regulated by Sekyen 375, 376 Laws of Malaysia Act 574. On June 25, 2019, a man with the initials RP Indonesian citizen committed the crime of rape against 3 women with the initials AP, TY, DP , the perpetrator raped the victims in a conscious state, the defendant was proven to have violated Article 285 of the Indonesian Criminal Code, the judge sentenced him to 12 years in prison. On September 13, 2019, a man with PP, an Indian citizen who was in Malaysia, committed the crime of rape against a woman with the initials PA, a Malaysian citizen, the defendant was found guilty of violating Sekyen 375 Laws of Malaysia Act 574, the judge sentenced him to 10 years in prison and seven lashes. Formulation of the problem: What are the similarities and differences between the elements, the criminal sanctions in Article 285 of the Indonesian Criminal Code and the Laws of Malaysia Act 574 Section 375 and Section 376 concerning rape? My thesis uses a normative legal research method. The data were analyzed qualitatively. The conclusions of the research results: Malaysian criminal sanctions are more complete than Indonesia related to the criminal act of rape, Indonesia is a single crime and Malaysia is a cumulative criminal.