Salsabila, Zata Shafa (2026) PERTANGGUNGJAWABAN PIDANA PELAKU PERSETUBUHAN TERHADAP MAYAT (NEKROFILIA) DI INDONESIA (STUDI PUTUSAN NOMOR 10/PID.B/2021/PN PYH DAN PUTUSAN NOMOR 331/PID.SUS/2023/PN MJK). Undergraduate thesis, UPN Veteran Jawa Timur.
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Abstract
The act of sexual intercourse with a corpse (necrophilia) is a form of sexual deviation that has not been expressly regulated in Indonesian criminal law, thus creating legal ambiguity in determining the criminal responsibility of the perpetrator. This study aims to analyze the criminal responsibility of necrophilia perpetrators and the judge's considerations in Decision Number 10/Pid.B/2021/PN Pyh and Decision Number 331/Pid.Sus/2023/PN Mjk. The formulation of the problem in this study is how the criminal responsibility of necrophilia perpetrators and how the judge's considerations in deciding the case. This study uses a normative legal research method with a statutory approach, a case approach, and a conceptual approach. The theoretical basis used includes the theory of criminal responsibility, the theory of error, and the theory of the purpose of punishment. The results of the study indicate that necrophilia perpetrators can basically be held criminally responsible because they fulfill the elements of error, the ability to be responsible, and the absence of reasons for forgiveness. However, Indonesian criminal law does not yet provide specific provisions for necrophilia, so judges often apply other crimes such as murder or crimes against corpses without addressing the element of sexual deviance towards corpses. Therefore, criminal law reform that specifically regulates necrophilia is needed to provide legal certainty and protect the dignity of the corpse.
| Item Type: | Thesis (Undergraduate) | ||||||||
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| Subjects: | K Law > K Law (General) | ||||||||
| Divisions: | Faculty of Law > Departement of Law | ||||||||
| Depositing User: | Zata Shafa Salsabila | ||||||||
| Date Deposited: | 03 Jun 2026 03:54 | ||||||||
| Last Modified: | 03 Jun 2026 03:54 | ||||||||
| URI: | https://repository.upnjatim.ac.id/id/eprint/53143 |
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