IMPLEMENTASI KEBIJAKAN HUKUM PIDANA TERHADAP PENANGGULANGAN PROSTITUSI DI WILAYAH KABUPATEN GRESIK

Abstract

Law enforcement for the occurrence of prostitution under the guise of a coffee shop is through routine raids which usually coordinate with the Satpol PP, while the occurrence of online prostitution is by conducting cyber patrols. The repressive action is carried out by ensnaring the perpetrators of prostitution, in this case the pimps. The current criminal law policy, both in the Criminal Code, namely Article 296 jo. Article 506 or in Law no. 21 of 2007 concerning TIP and the ITE Law provide qualifications for these criminal actors to be pimps, not prostitutes or service users. There needs to be a legal policy to ensnare sex workers with criminal responsibility which at least have conditions that must be met, namely related to understanding the meaning and consequences of their actions, understanding related to their actions that are not justified or prohibited by the community and related to the ability/skills of the maker of his actions to be held accountable and finally related to the absence of a reason for eliminating the crime in the commercial sex labour.