Marital Rape: Perspektif Hukum Islam dan RKUHP serta Tantangan Implementasinya

Abstrak

The RKUHP which was ratified on 6 December 2022 reaffirms that rape or acts of rape in marriage are criminal offenses in Indonesia. Even so, there is a view that rejects rape because they consider it impossible to have infidelity in marriage because sexuality is the husband's right and the wife's obligation. However, the fact that there are quite a lot of rape cases that occur in society. This article examines how to self-defense when rape happen according to Islamic law, rape self-defence is regulated in positive law in Indonesia, and how challenges are presented in the implementation of rape regulations in the RKUHP. This research is a normative legal research that uses a statutory approach and a concept approach. The analysis was carried out on legal materials which were then described in a qualitative descriptive manner. Research results 1) In fact Islamic law views rape as an act that violates the rules and is inappropriate between husband and wife relations 2) The regulation of rape is contained in the PKDRT Law and also the RKUHP as an ius constituendum in Indonesia 3) The challenge of implementing rape which has been regulated in the RKUHP is stigma society's view of rape is influenced by patriarchal views and religious values that are not compatible. Therefore, this study provides suggestions for a religious approach and involvement of community institutions starting from the smallest scope as an effort to prevent and overcome rape.