From Criminal Law to Customary Law: Incest as a Sexual Crime

نویسندگان

چکیده

This study analyses several aspects of incest as a sexual crime, well its law enforcement, by comparing criminal and Bugis customary law. normative was conducted examining primary secondary legal materials, which were then analysed qualitatively descriptively. The findings indicate that can occur in the form violence caused internal external factors, such psychological family condition. Incest also has very serious impact on victims, especially children. In terms law, regulation is spread across laws obscenity Criminal Code (KUHP); intercourse with children Child Protection Law; against member PKDRT Law. However, deviation dignity honour (siri’). On basis, determined most severe offense (malaweng) punishable death penalty. principle, both consider prohibited deviation. Although there are differences regarding severity sanctions perpetrators, routes have proven to be complementary applied court.

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ژورنال

عنوان ژورنال: Yuridika

سال: 2022

ISSN: ['0215-840X', '2528-3103']

DOI: https://doi.org/10.20473/ydk.v37i2.32830