What is Obscenity?

Obscene acts are all acts that violate modesty or decency, but also every act against the body or with one’s own body, as well as other people’s bodies that violate modesty. Obscene acts are group names of various types of acts that violate modesty or decency, also including acts of intercourse outside of marriage (Lamintang. 1984: 174).

Illustration of Child molestation

Sexual abuse is a tendency to engage in sexual activities with helpless people such as children, both men and women, with violence or without violence.

Sexual or obscene acts (Ontuchtige Handelingen) can also be interpreted as all kinds of acts, both oneself and others regarding and relating to the genitals or other body parts that can stimulate sexual desire (Chazawi, 2002: 80).

Types of sexual acts

The types of acts of sexual abuse regulated in the Criminal Code are as follows:

1. Sexual abuse

Violence by violence that is making people faint or helpless, using force or physical force as illegally as possible, for example, hitting with a hand or with all kinds of weapons, kicking, kicking and so on that causes people affected by violence to feel pain.

Obscene acts of violence are regulated in Article 289 of the Criminal Code, which reads anyone who violently or violently threatens to force someone to do or allow him to commit obscene acts, because of acts that destroy morality, in a prison sentence of up to nine years.

2. Sexual abuse with someone who is helpless or fainted

Powerless is having no strength or strength at all, so it is unable to put up any resistance, like a person tied with a rope to his feet and hands, confined in a room, hit by an injection, so that person becomes paralyzed, this helpless person can still know what happened to him.

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While fainting is the loss of memory or unconsciousness of himself, for example due to taking sleeping pills, sedatives, or other drugs that cause not to remember anymore, the fainting person no longer knows what happened to him.

An obscene act with someone who is helpless or unconscious is regulated in KUHP Article 290, which says Whoever commits an obscene act with someone, he knows, that the person fainting or helpless can be punished with imprisonment for a period of seven years.

3. Sexual abuse by persuading

Anyone who commits obscene acts with someone who is known or deserved to be suspected, that the person’s age is not yet fifteen years old or that age is not clear, that he is not fit to be married, to commit or allow to do obscene acts. The act of molestation by means of coaxing with a minor is regulated in Article 290 of the Indonesian Criminal Code, and is punishable by imprisonment for up to seven years.

4. Fornication by deception and power

Acts of deception by means of deception and power are regulated in KUHP article 293, which reads Who with gifts or by agreement will give money or goods by misusing power arising from association or by deceiving, deliberately persuading underage persons who are not his defective behavior, which he knows or could reasonably expect to be underage, commits obscene acts with him, or allows the obscene acts to be carried out on him, is punishable by imprisonment for up to five years.

Sexual offense

Provisions regarding criminal acts of obscene acts regulated in legislation, namely as follows:

  1. KUHP Article 289 : Anyone with violence or threats of violence or threats of violence force someone to commit or allow an obscene act, to be threatened for committing acts that attack the courtesy of decency, with a maximum jail sentence of nine years.
  2. KUHP Article 290 paragraph 2 : Threatened with a maximum of seven years imprisonment: anyone who commits obscene acts with someone even though he knows or deserves to be suspected that he is not yet fifteen years old or if his age is unclear, that the person concerned is not yet married.
  3. KUHP Article 290 paragraph 3 : Threatened with a maximum imprisonment of seven years: Anyone who persuades (teases) someone, whom he knows or deserves must be suspected that the person’s age is not yet fifteen years old or if it is not evident how old he is, that he has not been able to marry , to commit or condone obscene acts or have intercourse outside of marriage with another person.
  4. KUHP Article 292 : An adult who commits obscene acts with an immature person of the same sex, is being known or should be considered immature, sentenced to imprisonment for up to 5 (five) years.
  5. KUHP Article 293 : Anyone who gives or promises money or goods, abuses a carrier arising from a relationship of circumstances, or by misdirection deliberately moves a person immature and has good behavior in committing or allowing obscene acts to be carried out with him, even though his maturity is not yet mature, known or should be suspected, threatened with imprisonment no longer than five years.
  6. Criminal Code Article 294 : Anyone who commits obscene acts with his child, stepchild, adopted child, child under his supervision who is not yet an adult, or with an immature person whose care, education or care of his immature, face a maximum sentence of seven years in prison.
  7. KUHP Article 295 paragraph 1 : Criminal imprisonment of no longer than five years who intentionally causes or facilitates obscene acts by their children, stepchildren, adopted children, or children under the supervision of minors, or by minors whose care, education or care is given to him, or even by his bachelor or subordinates who are not old enough, with others.
  8. Criminal Code Article 296 : Anyone who intentionally causes or facilitates obscene by another person with another person, and makes it a search or habit, is threatened with a maximum imprisonment of one year and four months or a maximum fine of fifteen thousand rupiahs.
  9. Law Number 23 Year 2002 Article 81 Paragraph (2) concerning Child Protection . Every person who intentionally commits tricks, a series of lies, or persuades children to have intercourse with him or with others is sentenced to a maximum imprisonment of 15 (fifteen) years and a minimum of 3 (three) years and a maximum fine of Rp. 300,000,000.00 (three hundred million rupiah) and at least Rp. 60,000,000.00 (sixty million rupiah).

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