Analisa Yuridis Tindak Pidana Pemerkosaan oleh Oknum Polisi Terhadap Calon Polwan

Abstract

Rape is a form of sexual violence that inflicts physical, psychological, social, and legal consequences upon the victim. The situation becomes increasingly complex when the perpetrator is a law enforcement officer—someone duty-bound to protect the public. This study aims to analyze the legal provisions and elements of the crime of rape as stipulated in Law Number 1 of 2023 concerning the Criminal Code (KUHP), as well as the legal protections afforded to victims of rape committed by police officers. The research employs a normative-juridical method, utilizing statutory, conceptual, and case-based approaches. Legal materials—comprising primary, secondary, and tertiary sources—were analyzed qualitatively. The findings indicate that the actions of the perpetrators in the rape case involving a female police recruit in Jambi met the elements of the crime of rape as defined in Article 473 of the National Criminal Code. In addition to criminal liability, the perpetrators may also face ethical accountability under Police Regulation Number 7 of 2022. Legal protection for the victim is provided through Law Number 12 of 2022 concerning the Crime of Sexual Violence and Law Number 31 of 2014 concerning the Protection of Witnesses and Victims, encompassing rights to protection, assistance, rehabilitation, and restitution. Law enforcement action against the perpetrators must be accompanied by the comprehensive restoration of the victim's rights to ensure justice and legal certainty.