Criminal for Prostitution Based on Regional Regulation of Surabaya City Viewed From the Perspective of the KUHP

Abstract

Crime cannot be separated between space and time, it can be committed by anyone and the victim can be anyone. Crime not only violates legal norms, but also violates social norms that apply in society and religious norms. Currently, if interpreted in reverse (a contrario) if there is an act (prostitution) which is of course an act that is condemned by society, but on the one hand it is not listed as an act or a criminal offense according to the Criminal Code (KUHP). how is the classification of this action and how is the law enforcement effort carried out. Being a commercial sex worker (PSK) and someone who uses the services of a commercial sex worker (PSK) are considered to have committed a crime and can be subject to criminal sanctions according to Surabaya City Regional Regulation Number 2 of 2020 concerning Amendments to Surabaya City Regional Regulation Number 2 of 2014 concerning the Implementation of Public Order and Public Peace, on the one hand the Criminal Code does not qualify these actions as criminal acts. The clash of norms occurred in the arrangement of the criminal law for prostitution in the city of Surabaya.