THE CRIMINAL RESPONSIBILITY IN PROSTITUTION CASES: PERSPECTIVE OF NATIONAL PENAL REFORM

Abstract

The discussion and assessment are theoretically normative regarding the renewal of criminal law in the prevention of criminal acts related to the renewal in the subsystem of the substance of criminal law and is a development in the Indonesian legal system that is oriented towards the protection of the community. One of the rational efforts used to tackle prostitution activity is by approaching criminal law policy through the formulation of criminal sanctions as a concrete form of criminal accountability in prostitutes. The absence of provisions governing criminal accountability to service users in prostitution cases leads to the inmost response to prostitution cases themselves. If there is no national arrangement governing the subject, then users of prostitution services will feel safe and remain free to buy services for their satisfaction only and include women who provide commercial sex services (PSK), while this is contrary to various aspects of norms especially norms of decency in the society. Therefore, an update of criminal law is required, relating to criminal responsibility for both prostitution and female users who provide commercial sex services (PSK). Thus, this paper examines criminal accountability in prostitution cases through an approach to reforming national criminal law.