KONSTRUKSI PERLINDUNGAN KORBAN DALAM PERUMUSAN TINDAK PIDANA MARITAL RAPE (Kajian Pengaturan Tindak Pidana Marital Rape di Indonesia)

Marital rape is an issue that is still a threat in married life. Until now marital rape is still considered taboo because the paradigm that lives in society believes that there is no term rape between husband and wife which is the result of rooted patriarchal culture and wrong interpretation of religious teachings regarding relations in a marriage. This study was structured to find out how the construction of the criminal act of marital rape in Indonesian criminal law and how the legal protection that has been carried out so far in the case of marital rape. The research method used is normative juridical with a library research approach to see das sein and das sollen, especially in the context of marital rape. The author finds that there are no specific provisions regarding marital rape in Indonesian legislation so that the legal protection provided cannot be said to be adequate, there is a need for a more comprehensive and concrete criminal law reform such as the ratification of the Draft Law on the Elimination of Sexual Violence and amendments to the Criminal Code