Necrophilia in Wedderrechterlijkheid Perspective

DOI

10.2991/icss-19.2019.123How to use a DOI?

Keywords

Necrophilia; rape; wedderrechterlijkheid; criminal act

Abstract

Generally; rape is committed against the live women; but some of it is committed against the dead women (necrophilia). Judicature practice indicates that the presence of necrophilia in one case is not made the foundation to indict and to decide on a case. It means that necrophilia is not considered as a crime. This article is the result of normative juridical research using statute and case approaches. Analysis was conducted deductively. The result of research showed that Indonesian penal code does not contain regulation about necrophilia explicitly. The regulation about rape can be distinguished by how the deed is done; whether with violence or violence threat and rape against faint or helpless women. On the other hand; necrophilia is the disgraceful deed; so that it is unlawful viewed from material law and it can be qualified to be crime and its perpetrator should be condemned

Copyright

© 2019, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Erma Rusdiana
PY  - 2019/11
DA  - 2019/11
TI  - Necrophilia in Wedderrechterlijkheid Perspective
BT  - Proceedings of the International Conference on Social Science 2019 (ICSS 2019)
PB  - Atlantis Press
SP  - 590
EP  - 594
SN  - 2352-5398
UR  - https://doi.org/10.2991/icss-19.2019.123
DO  - 10.2991/icss-19.2019.123
ID  - Rusdiana2019/11
ER  -