POLA PENYELESAIAN TINDAK PIDANA PERKOSAAN DAN PEMERASAN TERHADAP GADIS DI BAWAH UMUR (Tinjauan Yuridis-Sosiologis Terhadap Kasus Pemerkosaan dan Pemerasan Oleh Yanto Guru di Situbondo)

Hani’a, Hani’a (2008) POLA PENYELESAIAN TINDAK PIDANA PERKOSAAN DAN PEMERASAN TERHADAP GADIS DI BAWAH UMUR (Tinjauan Yuridis-Sosiologis Terhadap Kasus Pemerkosaan dan Pemerasan Oleh Yanto Guru di Situbondo). Other thesis, University of Muhammadiyah Malang.

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Abstract

Rape was one of criminal action which posited on top row in women harshness criminal all over the world, including Indonesia. The most intolerable thing, rape criminal to under-age girl, since the victim would be drowned in long trauma, and became worthless in the view of society. That’s why the writer intent to analyze case to an under-age girl by teacher which was happened in Situbondo. The writer here tried to reveal the modus according criminology perspective, also tried to find out the solution pattern of rape and squeeze criminal action. The writer used qualitative descriptive method with data collection by interview, observation, and documentation. From the research, there could be found that sexual harassment which was done by Yanto to Nindy was happened twice. First in July 2007, where Yanto did a sexual harassment to Nindy in his home while he stated that if Nindy didn’t give him money, he would tell Nindy’s parents that he was her boyfriend. Next, in August 2007, Yanto picked Nindy up from school. He brought Nindy in an empty house and raped her. Squeezing to Nindy was done since July 2007. Firstly, he threatened Nindy to tell her parents that he was his boyfriend. Yanto repeated his threats in July to September with different money amount. From the chronology, there could be seen that the modus was by got close to the victim, then when his effort to pursue the victim has failed, the subject threatened the victim by using her fear that the subject would tell her parents about their relationship. He squeezed the victim many times with difference amount of money. For solution, there held two kind solution. They were by family discussion, and juridical line. From juridical perspective, family discussion shouldn’t be allowed, since the case not sue case, which the process should be finished by law based on article 82 UU No.23 year 2002 about children protection, article 287 KUHP, article 368 KUHP, and article 369 KUHP. For further research, the next researcher should make the research wider by another perspective, like sociological way or normative way related with solution of rape and squeeze criminal to under-age girl. Rape usually let gone by since the victim afraid to tell the case. Villagers as institution who used customary law in several law problem, including criminal should pay attention to criminal application in concluding the problem

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law
Depositing User: Anggit Aldila
Date Deposited: 07 May 2012 06:54
Last Modified: 07 May 2012 06:54
URI: http://eprints.umm.ac.id/id/eprint/4526

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