PERTANGGUNG JAWABAN PIDANA DAN TINJAUAN SOSIOLOGI BAGI PELAKU TINDAK PIDANA KELAINAN SEKSUAL NECROFILLIA

Abstract

Necrofillia is a type of sexual deviation disease which makes the sufferer enjoy and want to have intimate relations with corpses. The act of necrofillia is not yet clearly regulated in the Criminal Code, because the current Criminal Code only focuses on acts of rape committed against someone by means of force and/or threats of violence, or the use of violence, or other threats that result in the victim being unable to give consent. This article aims to find out how criminal law is enforced for perpetrators of crimes involving the sexual disorder necrofillia as well as the legal sociology of perpetrators of necrofillia crimes. The method used is normative research, in the form of literature study and reviewing several statutory regulations. The research results: first, that corpses can be categorized as "objects" owned by heirs, judges in law enforcement can use Article 285 of the Criminal Code, Article 286 of the Criminal Code and Article 290 of the Criminal Code and use the principle of a-contrario extensive interpretation of Article 406 of the Criminal Code. secondly, the act of raping a corpse is an act that violates social norms. The act of necrofillia is a crime whose actions are considered immoral. Sociologically, crime is all forms of speech, political and social-psychological that cause harm to society, violate moral norms, and attack the safety of citizens.