TINJAUAN YURIDIS TINDAK PIDANA PEMERKOSAAN DALAM RUMAH TANGGA BERDASARKAN HUKUM PIDANA INDONESIA

Domestic rape known as marital rape is a form of sexual violence that occurs between husband and wife. Domestic violence has received increasing attention, the issue of domestic rape is still considered a sensitive topic and is often ignored in many societies and legal systems. The method in this study is the normative research method, namely legal research conducted by examining library materials or secondary data. The results of the study indicate that Marital Rape or rape in the household is an act of rape that occurs between a husband and wife where one party forces to have sexual intercourse without the consent of the other partner. Usually the victim of this crime is the wife because the patriarchal culture in society is inherent as if the wife is not allowed to refuse the invitation to have sexual relations by her husband, so what can be applied to perpetrators of rape in marriage or marital rape is to apply the Marital Rape Criminal Act Regulations contained in Article 8 of Law Number 23 of 2004 concerning the Elimination of Domestic Violence, Article 6 of Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence, and Article 473 paragraph 1 and 2 letter a of the New Criminal Code / Law NO. 1 of 2023. Meanwhile, according to the principle of legality, the regulations applied to perpetrators of rape in marriage or marital rape are to apply the TPKS Law which in terms of its validity and the wording of the articles contained are quite clear regarding acts of rape committed against husbands / wives who are bound in a marital relationship.