PERTANGGUNGJAWABAN PIDANA TERHADAP MUCIKARI BERDASARKAN KITAB UNDANG-UNDANG HUKUM PIDANA (ANALISIS PUTUSAN NOMOR: 159/Pid.B/2021/PN.Blt)

Abstract

Based on the Decision of the Blitar Court, a defendant is sanctioned by Article 296 of the Criminal Code, namely, regulating the acts or women who prostitute themselves are not prohibited by law, whereas those who can be subject to this article are those who provide space for men and women to prostitute, and in order to be punishable the deed must be done for a livelihood or out of necessity, and Whereas article 506 states 'whoever draws profits from the lewd acts of a woman and casts her as a prostitute, shall be punished with imprisonment for not more than one year'. This method of research is made juridically normative, or uses court decisions. The penalty imposed on pimps or pimps is in the form of the main crime, namely imprisonment and confinement but prostitution activities are still unable to addressed. Provisions regarding the legality of the localization area are precisely regulated through regional regulations and against prostitutes can only be netted with the provisions of population administration. The method used in this study is normative juridical by examining and observing legislation and some theories. The specifics in this writing are descriptive analytical, this research was conducted using secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials, drawing conclusions of this study using comprehensive qualitative analysis methods, From this study, it was concluded that: Regulations that can be used in the context of law enforcement against perpetrators of prostitution services in Indonesia include articles 506 and 296 of the Criminal Code.

Keywords : criminal convictions ; prostitution service providers ; articles 506 and 296 of the Criminal Code.