CRIMINALIZING ABOUT RELATIONSHIP BEHAVIOR PEOPLE SEX IN PERSPECTIVE CRIMINAL LAW UPDATES

Umi Parmini, . (2020) CRIMINALIZING ABOUT RELATIONSHIP BEHAVIOR PEOPLE SEX IN PERSPECTIVE CRIMINAL LAW UPDATES. Tesis thesis, Universitas Pembangunan Nasional Veteran Jakarta.

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Abstract

This study aims to find out and explain about the criminalization of deviant behavior of same-sex relations in terms of the perspective of criminal law reform in Indonesia, as well as to find out and explain the criminalization policy against sexual behavior deviations in accordance with the situation and conditions of society in Indonesia. The theories used are criminal law theory, positivism legal theory, and law enforcement theory. The research method used is descriptive analysis method, which is an attempt to collect and compile data, then an analysis of the data is carried out. The data that has been collected are then analyzed using the deductive method, namely a way of thinking that departs from existing theories or legal principles. The results of this research are formulated that in order to reform and develop criminal law through the preparation of laws that include criminal provisions, the use of criminal law against the objectives of national development must be considered, actions attempted or overcome by criminal law must constitute undesirable actions, as well as the use of criminal law. law enforcement agencies must consider the principle of cost and yield and the capacity or capacity of the work of law enforcement agencies so that there is no overstatement of duties. The formation of new norms in the criminal law can be interpreted as an effort to criminalize. Criminalization which can be interpreted as a means in law to make an act that was not previously a criminal act becomes a criminal act in order to control crime. Conclusion; that this legal vacuum requires the formation of new norms in the perspective of reforming criminal law in Indonesia that can criminalize same-sex sexual immorality between adults, both between adult men of the same sex, and between adult women of the same sex. The need for a criminalization policy to be analyzed through positive law in effect in Indonesia against same-sex sexual behavior deviations requires an in-depth review of the sociological perspective of the situation and condition of society in Indonesia where Indonesia is a rule of law that places the principle of Almighty God as the main principle, as well as values. -the religious values that underlie the movement of the life of the nation and the state, then same-sex obscenity along with the increasing prevalence of LGBT activities in Indonesia is a prohibited activity which includes offenses of decency that must be oriented towards the values of morality that live in society which originate from religious and moral values who live in the midst of society.

Item Type:	Thesis (Tesis)
Additional Information:	[No. Panggil : 1810622049 Umi Parmini] [Pembimbing : Handoyo Prasetyo] [Ketua Penguji : Atik Winanti] [Penguji 1 : Muhammad Arafah Sinjar]
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Program Studi Hukum (S2)
Depositing User:	Umi Parmini
Date Deposited:	11 May 2021 08:33
Last Modified:	11 May 2021 08:33
URI:	http://repository.upnvj.ac.id/id/eprint/10346

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