PENYIDIKAN TINDAPENYIDIKAN TINDAK PIDANA PERSETUBUHAN YANG DILAKUKAN OLEH ORANG TUA TERHADAP ANAK KANDUNG (STUDI KASUS DI POLRESTA PADANG)

Abstract

The crime of sexual intercourse committed by parents against their biological children is aform of violence that violates Article 473 paragraph (9) KUHP. Within the jurisdiction of Polresta Padang, during the period 2023–2025, 10 cases were recorded as having been received and processed up to the prosecution stage, while 2 cases were discontinued. The research problems are: (1) How is the investigation process of the criminal offense of sexual intercourse against a biological child conducted at Polresta Padang? (2) What obstacles are faced by Polresta Padang in investigating the criminal offense of sexual intercourse committed by a parent against their biological child? This study employs an empirical juridical research method. The data used consist of primary and secondary data obtained through document study and interviews, and were analyzed qualitatively. The results of the study indicate that: (1) Theinvestigation process of the criminal offense of sexual intercourse against a biological child at Polresta Padang has been carried out in accordance with applicable legal procedures, prioritizing prudence and a humane approach toward the victim. (2) The obstacles faced by Polresta Padang in investigating such cases include limitations in human resources, facilities
and infrastructure, difficulties in obtaining evidence, the psychological condition of the victim, the attitude of the family, the blood relationship between the perpetrator and the victim, and the existence of social stigma within the community.