COMPARATIVE ANALYSIS TOWARDS LEGAL SYSTEM IN INDONESIA AND MALAYSIA RELATED TO RAPE CRIME

Abstract

Victim factor is very important to be able to settle the case of criminal act of rape, it is very necessary courage victim to report the happened happened to the police, because in general the victim is threatened by the perpetrator, it makes victim fear and trauma. Because it is very necessary protection for victims so that cases of rape that she experiencing can be resolved legally by law enforcement agencies in force. And how, in fact, can existing law ensure the victim to seek justice, in the fact that law enforcement officials are running existing laws. Is the law applied in Indonesia effective or not and what if compared to the criminal law in Malaysia. This research is empirical normative research. Normative legal research is legal research that examines written law from aspects of theory, history, philosophy, comparison, structure and composition, scope and material, general explanation of article by section, formality and strength binding a law but not binding to the applied aspect or its implementation. The results of field studies that have been conducted by the National Commission on Children and the Legal Aid Institute stated that the crime of rape and crime of rape against children is still high in Indonesia based on their observations. In addition, law enforcement officers are still considered to be gender biased and the community's mindset that makes the act of rape is a disgrace of the victim becomes a special obstacle to the disclosure of criminal cases of rape. The punishment of the perpetrators of rape in Indonesia is still high when compared to Malaysia.