Marital Rape in Indonesian Criminal Law Perspective

Abstract

At the initial phase of the regulation setting, the potential ineffectiveness of Law Number 23 Year 2004 (The Eliminination Of Domestic Act) has been indicated prior to the enactment of the related law as there was an emergence of pros and cons toward the criminalization of rape in marriage.  The debate on rape in marriage involves at least two different views that are opposed each other. First, the view that rejects the criminalization of marital rape. The view derives from the basic assumption that the marriage rape enactment in criminal law will against the religious and cultural values. This view assumes that sexual intercourse is understood as an obligation of a wife in serving her husband. Second, the view that supports the marital rape enactment in criminal law as criminal offense. The view argues that no one including the husband is allowed to impose his will on others, especially toward his wife. Every individual is equal before the law.

Keywords: Reconstruction, Marital Rape, Certainty of Law