The Urgency of Crime Prevention Policy to Control Rape in Marriage (Marital Rape)

Abstract

Rape, according to the Criminal Code, is forcing sexual relations outside of marriage so that if rape occurs in marriage, it is not rape. Marital rape has become a case of domestic violence in which few victims want to speak up. This writing uses a normative juridical method by using a literature study. Indonesia regulates the issue of Marital rape by using Law Number 23 of 2004 concerning the Elimination of Domestic Violence, this law provides sanctions for perpetrators of rape, but with many assumptions that in domestic relations, it is natural for sexual relations to occur, this invalidates the assumption that husband can rape the wife. This left many victims speechless. Therefore, a countermeasures policy is needed to provide a way out through penal means using legal channels and non-penal means by using settlements outside the law. The integration between penal and non-penal means can reduce marital rape cases.