IMPLIKASI HUKUM PENGATURAN KEJAHATAN TANPA KORBAN (VICTIMLESS CRIME) DITINJAU DARI ASPEK KEPASTIAN HUKUM

Victimless crime regulation is still a debate among academics because until
now it has not yet found a bright spot due to the absence of adequate regulations
resulting in legal uncertainty. The formulation of the problems discussed in this
study are, how is the regulation of victimless crime in Positive Law in Indonesia?
What are the legal implications of the regulation of victimless crime in terms of
legal certainty? This paper aims to find out and examine the regulation of victimless
crimes in Indonesia and analyze the legal regulation of victimless crimes in positive
law from the aspect of legal certainty. The research method used is normative
juridical with a statutory approach and conceptual approach with legal material
collection techniques in the form of literature studies; books, journals and scientific
articles, laws and regulations, other documents that have relevance to this research
activity and qualitative descriptive analysis. Based on the results of the research, it
shows that the regulation of victimless crimes in Indonesia still causes legal
uncertainty. Differences in the perspective of the community and lawmakers in
determining the actions that deserve criminal punishment cause uncertainty in law
enforcement. The legal implications of this uncertainty indicate that concrete steps
are needed to improve existing regulations in order to provide protection of the
rights of legal subjects and consistency in fair and proportional law enforcement.
Therefore, it is necessary to revise and add regulations on victimless crimes in the
General Criminal Law and Special Criminal Law to ensure legal clarity and
consistency