Legal Review of the Application of Article 281 of the Criminal Code in Cases of Sexual Violence against Women (Study of Decision Number 13/Pid.B/2021/PN Tmt): Analisis penerapan Pasal 281 ayat (1) KUHP dan pertimbangan hakim dalam putusan PN Tilamuta

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Princess Anggriani Muksin Department of Law, Institution of Pohuwato University, Pohuwato, Indonesia, Email: [email protected]

Fibriyanti Karim Faculty of Law, Pohuwato University

Sri Rahayu Lestari Pade Faculty of Law, Pohuwato University

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Licensed under CC BY-NC-SA 4.0

https://doi.org/10.59211/j.lawjustice.v3i1.568

Publisher

PT Media Jurnal dan Pendidikan

ISSN

2986-2094

eISSN

2985-900X

Received

14 October 2026

Accepted

20 October 2026

Online

21 June 2025

Issue

Vol. 3 No. 1 (2025)

Pages

1-5

Article ID

568

Language

English

Keywords

Abstract

This article aims to analyze the application of Article 281 paragraph (1) of the Criminal Code to sexual violence against women in Decision Number 13/Pid.B/2021/PN Tmt and to examine the basis for the Tilamuta District Court judge's considerations in sentencing. The research uses a normative-empirical legal method with statutory, case, and conceptual approaches. Primary data were obtained from a review of decisions and interviews at the Tilamuta District Court, while secondary data were derived from the Criminal Code, the Criminal Procedure Code, the Law on Sexual Violence Crimes, books, journals, and other relevant legal materials. The results of the study indicate that the application of Article 281 paragraph (1) of the Criminal Code in the case formally accords with the single indictment of the public prosecutor and the legal facts revealed at trial. The elements of "whoever," as well as "intentionally" and "openly violating morality," are deemed fulfilled based on witness statements, the defendant's statement, evidence, and the fact that the act occurred in an open place. However, the one-month-and-fifteen-day prison sentence demonstrates a gap between the evidence of guilt, the impact of the victim's trauma, the victim's objections to forgiving the defendant, and the orientation of sentencing, which should provide stronger protection for female victims. The judge's considerations encompass both legal and sociological perspectives but still need to be strengthened with a focus on victim protection and substantive justice. This article emphasizes the importance of the public prosecutor's careful preparation of the indictment and the need for judges to consider the social, psychological, and gender-relations impacts in cases of sexual violence against women.

References 23

National Commission on Violence Against Women, Annual Notes on Violence Against Women 2009. Jakarta: National Commission on Violence Against Women, 2010.

National Commission on Violence Against Women, Annual Report on Gender-Based Violence Against Women 2021. Jakarta: National Commission on Violence Against Women, 2022.

EN Hudaya, Book Supporting Victims of Sexual Violence. Makassar: LBH Makassar, 2021.

Republic of Indonesia, Criminal Code.

Republic of Indonesia, Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence.

Tilamuta District Court, Decision Number 13/Pid.B/2021/PN Tmt.

PA Muksin, Legal Review of Criminal Acts of Sexual Violence against Women: Decision Number 13/Pid.B/2021/PN Tmt. Thesis, Faculty of Law, Pohuwato University, 2024.

MB Suitela and MJ Alputila, "Granting restitution rights to children as victims of sexual violence," Jurnal Restorative Justice, vol. 7, no. 1, pp. 56-70, 2023.

D. Yusyanti, "Legal protection for child victims of perpetrators of sexual violence," De Jure Legal Research Journal, vol. 20, no. 4, 2020.

Republic of Indonesia, Law Number 8 of 1981 concerning the Criminal Procedure Code.

N. Mubarok, Criminal Law Textbook. Sidoarjo: Kanzun Books, 2020.

Suyanto, Introduction to Criminal Law. Yogyakarta: CV Budi Utama, 2018.

A. Chazawi, Criminal Law Lessons Part 1. Jakarta: PT RajaGrafindo Persada, 2019.

U. Zahira, N. Nurwati, and H. Krisnani, "Impact and handling of child sexual violence in the family," 2019.

A. Hamzah, Principles of Criminal Law. Jakarta: Rineka Cipta, 2016.

MA Rosyid, Textbook of Legal Principles. Jember: Bina Cipta, 2020.

TY Chandra, Final Criminal Law. Jakarta: PT Sangir Multi Usaha, 2022.

L. Marpaung, Principles, Theory, Practice of Criminal Law. Bandung: Sinar Grafika, 2018.

KIP Sari et al., Sexual Violence. Bandung: Media Sains Indonesia, 2022.

Wulandari, N. Budianto, N. Khofifah, I. Saputri, AI Rauhillah, and Y. Perdana, Braille Book: Sexual Education, Teaching Materials for the Prevention of Sexual Harassment and Violence in Early Childhood. 2022.

M. Lahido, Book on Preventing Violence against Children. Central Sulawesi: Women and Children's Empowerment Service, 2020.

BB Bayusuta and Y. Suwanto, "Legal analysis of the Law on Sexual Violence Crimes in law enforcement in Indonesia," Journal of Democracy and National Resilience, vol. 1, no. 1, 2022.

S. Efendi, "Sanctions for the crime of sexual harassment according to Criminal Code No. 6 of 2014 concerning Jinayat Law," SHIBGHAH: Journal of Muslim Societies, vol. 3, no. 1, pp. 31-49, 2021.

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Citation style

Muksin, P. A., Karim, F., & Pade, S. R. L. (2025). Legal Review of the Application of Article 281 of the Criminal Code in Cases of Sexual Violence against Women (Study of Decision Number 13/Pid.B/2021/PN Tmt): Analisis penerapan Pasal 281 ayat (1) KUHP dan pertimbangan hakim dalam putusan PN Tilamuta. Journal Law and Justice, 3(1), 1–5. https://doi.org/10.59211/j.lawjustice.v3i1.568

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