Can Kissing In A Public Place Be Enticed By Article Of The Criminal Code Of Immoral Crime?

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JAKARTA - Recently the case of a nasty couple in a public space became a hot topic after a 13-second viral video of oral sex was carried out at a bus stop in the Kramat Raya area, Central Jakarta.

In this case, the police then charged the 21-year-old woman with Article 281 of the Criminal Code regarding sexual immorality in public.

No half-hearted, the perpetrator who is caught in the article on immorality can face imprisonment for 2 years. So how broad is the scope of this immoral act? Is kissing included?

Reported by VOI from the Lex Crimen research journal in the e-Journal of Sam Ratulangi University, several immoral acts referred to in Article 281 point 1 of the Criminal Code include; (a) a person without clothes showing himself in public or openly (exhibitionism); (b) a husband and wife commit obscene acts in public; and (c) a young couple embracing in such a way in public that it stimulates lust for those who see it.

The research conducted by Grant P. Kolompoy explains that in the case of moral norms which are later brought to legal action, it is necessary to follow the development of legal awareness in society.

Then it is also necessary to look at the customs of an area in responding to a social norm.

For example, there is a bathhouse in the area of Bali which considers it common for young people to bathe together naked - even if some of them cover their chest it will be considered odd by the local community.

Thus, kissing (or various actions that are deemed to violate decency or not) needs to be considered again from the customs and culture of the local community.

Furthermore, in court proceedings, judges also need to consider various regional customs when immoral offenders are charged with Article 281 of the Criminal Code.