ANALISA TINDAK PIDANA PERKOSAAN DITINJAU DARI HUKUM PROGRESIF SATJIPTO RAHARDJO

Rape is one of the many human rights violations that often occurs. In general, rape is the imposition of one party's will on another party, without regard to the rights, interests and wishes of the other party who is forced for the purpose of personal gain for the coercing party. The consequences of sexual violence (rape) that befell the victim not only have a detrimental impact on their physical resilience, but also their psychology. This legal research chooses the type of normative legal research or library legal research. Normative juridical legal research is carried out by examining library materials, or mere secondary data. This type of normative legal research is also based on research on library searches and/or statutory regulations. Progressive law emphasizes the importance of legal education that is sensitive to gender issues and sexual violence. Law enforcers must be trained to handle rape cases with sensitivity and empathy. Law enforcement is not only limited to written regulations but must also pay attention to behavior and the social context of these cases, including cases of criminal acts of rape. Responsive and progressive application of law does not only aim to enforce existing regulations, but also to ensure that the law is relevant to social dynamics and continues to develop. The definition of rape should be expanded to include situations of sexual coercion, elements of violence, threats or helplessness. In addition to a prison sentence, the perpetrator is also proposed to pay restitution to the victim for physical, mental and social losses.