CRIMINAL RESPONSIBILITY AND CIVIL RESPONSIBILITY ACCORDING TO COMMON LAW FOR A MAN WHO HAS SEXUAL INTERCOURSE BEFORE LEGAL MARRIAGE

Mangembang Pandiangan

Abstract


In State Law, the law should be in the life of nation, so that a person or society cannot do something arbitral acts that violate the human rights.

There are many cases of intercourse between a man and an adult woman outside marriage the legal for a variety of reason/but then the man subject of the intercourse does not want account for his actions so intercourse is experience torture physical and mental because the act a man intercourse cannot be prosecuted by criminal law.

If there are cases of intercourse if at love between a man and woman outside marriage lawful reported to the police, then the police will refuse to accept the report and the complaint, on the grounds that the criminal law is not set, so that such actions will became cannot be legal.

And the man as a subject of intercourse cannot be had Responsibility for his actions, there is nothing until now the existence of legal certainty, where incidents of sexual intercourse with adult woman outside marriages are common and such acts cannot be prosecuted according to the law if the man of intercourse is not accountable for his actions with marrying a woman who is a victim of sexual intercourse outside of the legal marriage because the rule of law invitations set it.

Keyword : Responsbility criminal,civil ,customary law, of sexsual Intercourse outside marriage.



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DOI: http://dx.doi.org/10.26532/iccp.v1i1.2397

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