The Concept of Marital Rape: An Analysis of Article 473 of the Criminal Code

The notion of marital rape in Indonesia has experienced considerable evolution, particularly following its explicit regulation in Article 473 of the revised Criminal Code (KUHP). This article recognises that coercion of sexual intercourse within marriage may be classified as a criminal act of rape, contingent upon the victim's report. The phrase "marital rape" remains contentious in society, primarily due to its conflict with social, cultural, and religious frameworks that perceive sexual encounters within marriage as an unequivocal right and duty of spouses. The methodology employed in the formulation of this study is the normative juridical research approach. This research aims to analyse and elucidate the idea of marital rape as defined in Article 473 of the Criminal Code. The research findings suggest that, according to the analysis of criminal aetiologies and legal policy theories, internal factors such as the denial of sexual relations during urges and deficient moral values, alongside external factors like culture and environment, precipitate sexual violence within marriage. In legal practice, the complaint-based provision in Article 473, paragraph 6 of the Criminal Code, frequently obstructs victims' access to justice due to psychological coercion and societal stigma. The proposed ideal is the necessity for stringent regulations in the Criminal Code concerning sexual violence within marriage as a separate criminal offence. It stipulates that any individual in a marital relationship who coerces sexual relations through violence or threats of violence, while their partner has not met their obligations or is in a condition of fatigue or illness that presents a medical risk, should face punishment. Additionally, comprehensive clarifications regarding the parameters of fulfilling obligations and the conditions of medical risk are essential to ensure the legal protection of human rights and individual dignity within the household.