Senin, 28 Agustus 2023

Kuhp Perbuatan Tidak Menyenangkan

The Indonesian Criminal Code or KUHP has several articles that define various types of criminal offenses. One of the articles under the KUHP is Article 335, which states that anyone who commits an act of molestation or indecency with another person can be charged with the criminal offense of ‘perbuatan tidak menyenangkan’ or unpleasant act.

The term ‘perbuatan tidak menyenangkan’ can be translated as ‘unpleasant act’ or ‘indecent act,’ and it refers to any behavior that is considered offensive or inappropriate by the victim. The offense is not limited to sexual acts but can also include any other behavior that causes harm, distress, or discomfort to the victim.

The penalties for committing an unpleasant act under the KUHP can range from fines to imprisonment, depending on the severity of the offense. If the act is considered a misdemeanor, the offender can be sentenced to a maximum of nine months in prison or a fine of up to IDR 4,500,000. If the act is considered a felony, the offender can be sentenced to a maximum of seven years in prison.

It is important to note that under Indonesian law, the victim’s consent does not excuse the offender from criminal liability. Even if the victim gave their consent to the unpleasant act, the offender can still be charged with a criminal offense if the act is considered indecent or offensive.

The KUHP’s provisions on unpleasant acts are designed to protect individuals from unwanted and offensive behavior. The law recognizes that everyone has the right to be treated with respect and dignity, and any behavior that violates these rights can be punished under the KUHP.

In conclusion, the KUHP’s provision on unpleasant acts is an essential tool for protecting individuals from unwanted and offensive behavior. The law recognizes that any behavior that violates an individual’s dignity and rights can be punished, regardless of whether the victim gave their consent. It is essential to understand the provisions of the KUHP to ensure that everyone is treated with respect and dignity, and any violations of these rights are appropriately punished.