Analisis Hukum Terhadap Kejahatan Pemerkosaan Jenazah: Kajian Pidana Kekerasan Seksual Dan Implikasinya Pada UU- TPKS

Abstract

The crime of raping a corpse is an act that falls into the category of sexual violence and violates legal and religious norms. Legal analysis of this crime needs to be carried out to understand the criminal elements, the underlying legal context, and the implications for the Sexual Violence Crime Law (TPKS Law). This study examines relevant legal provisions, including the Criminal Code (KUHP) and the TPKS Law, and how these regulations are applied in cases of corpse rape. Apart from that, this analysis also considers the perspective of human rights and social morality in handling this crime. The legal and sociological implications of the crime of corpse rape will be described to provide a comprehensive picture of legal protection for victims of sexual violence, including corpses, in the Indonesian legal system. The legal context governing corpse rape in Indonesia is still relatively unclear. The Criminal Code (KUHP) itself does not explicitly regulate the rape of corpses, so it is important to see how the TPKS Law can fill this legal vacuum. The TPKS Law passed in 2022 provides a broader definition of sexual violence, allowing for the inclusion of acts such as rape of corpses. This analysis highlights how the implementation of the TPKS Law can provide a clearer and firmer legal framework for handling these cases. In addition, the human rights perspective emphasizes that human dignity must be respected, including after death. Raping a corpse not only harms the victim and her family, but also harms human values in general. Therefore, this study also considers the importance of strict law enforcement and providing severe sanctions for perpetrators to prevent similar crimes from occurring in the future.