LEGAL MEMORANDUM
TINDAKAN HUKUM YANG DAPAT DILAKUKAN A TERHADAP P SEHUBUNGAN MEMPERLIHATKAN ATAU MEMPERTONTONKAN ALAT KELAMIN DI DALAM ANGKUTAN UMUM JIKA DITINJAU DARI UU PORNOGRAFI
Exposing genitals is a sexual crime that can occur anywhere, one of which can
occur in public transportation. Angkot, as a form of public transportation, is
popular because of its predetermined routes and varying fares. However, the safety
of public transport is often not guaranteed, leading to criminal acts such as sexual
crimes. One of the sexual crimes that often occurs in public transportation or other
public transportation is exhibitionism or exposing genitals in front of the public.
Exposing genitals on public transportation can be charged under Article 281 of the
Criminal Code and Article 36 in conjunction with Article 10 of Law No. 44 of 2008
concerning pornography. Even though it is certain that exposing one's genitals is a
form of sexual crime, quite a few of the general public do not or do not understand
the law and how to report a crime they have experienced. Based on this description,
the author found several legal facts, namely (1). Do P's actions fulfill the elements
contained in Article 281 of the Criminal Code and Article 36 in conjunction with
Article 10 of Law No. 44 of 2008 concerning pornography? (2). What legal action
did A take against P regarding exposing his genitals on public transport?
The analytical tools used in this legal memorandum are legal interpretation and
construction used to interpret relevant laws as well as grammatical and systematic
interpretation connecting various articles to understand the meaning of the law as
a whole.
The conclusions that can be obtained are firstly that the action carried out by P is
a sexual crime which meets the elements of article 281 of the Criminal Code and
article 36 in conjunction with article 10 of Law no. 44 of 2008 concerning
pornography. The second legal action that A can take regarding exposing his
genitals on public transportation is by reporting.
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