PERBANDINGAN KRIMINALISASI PROSTITUSI (Studi Komparatif Pengaturan Tindak Pidana Prostitusi Dalam Hukum Pidana Indonesia Dengan Malaysia)

The problem of prostitution was a complex dilemma because it involved the order of norms that lived in society. The rise of the crime of prostitution needed to get serious attention considering that so far the crime of prostitution did not yet have a clear legal rule, especially the action against commercial sex workers (CSWs) and also service users (clients). In the Ius Constitutum found in Indonesia so far only provided punishment for pimps only. Whereas the Ius Constitutum in Malaysia regulated the crime of prostitution more complex which provides the conviction of everyone involved in the crime of prostitution. The absence of a regulation governing prostitution criminal acts in Indonesia was the basis for raising issues in writing this law, viz how to compare prostitution criminal arrangements in Indonesia and Malaysia and how the provisions for regulating prostitution criminal acts in the renewal of criminal law in Indonesia. The research method used in this study was to use normative juridical research which meant that legal research was carried out by examining the legislation and literature in order to answer the problem. The primary legal material used in this study was in the form of legislation relating to issues, namely the Criminal Code, the Criminal Code Bill, and the Laws of Malaysia Sharia Criminal Offenses. Then the secondary legal material was obtained from the library which contained scientific knowledge about the law or knowledge of known facts and ideas related to this writing which were obtained from books, journals, scientific articles both as well as online to solve problems. The results of this study that saw the social conditions of the people of the two countries had the same style, namely the majority state of Islam which noticed the crime of prostitution as an act of adultery that could damage the divine values emitted through religious teachings. And also there was still a legal vacuum in the Criminal Code Bill in terms of the conviction of prostitutes and service users would lead to legal uncertainty and discrimination against the subjects of prostitution. It was necessary to add the formulation of norms in the Criminal Code Bill in order to be able to prosecute CSWs and service users