Penerapan Pertanggungjawaban Pidana Terhadap Pelaku Inses AnakKandung

Abstract

Incest is a form of sexual deviation that often occurs in social life, especially in the family. The factors that
cause incest do not stand alone or single, but are an accumulation of various psychological, social
problems, mental attitudes, morality and patriarchal culture of the perpetrator. This crime of incest is an
immoral and immoral act that threatens children who are victims of sexual intercourse by their own
families. Incest is very rampant in society because it is rarely reported due to the embarrassment for family
members if it is known by others. The most common perpetrators of sexual violence, including incest, are
fathers and uncles. This is sad, because many perpetrators of violence in the personal realm are considered
and expected to be protectors such as fathers, uncles or husbands. Criminal liability for perpetrators of
incest can be charged under Article 287 of the Criminal Code or Article 419 of Law No. 1 of 2023.
Meanwhile, for the formulation of acts of incest against children, they can be charged using Article 294
paragraph (1) of the Criminal Code or Article 418 paragraph (1) of the Criminal Code. Law No.1 of 2023.
Obstacles in accessing justice and recovery also occur when victims do not receive support from their
families, which encourages victims to leave their homes and lose their rights to education and protection
from their families.