SANKSI PADA TINDAKAN MEMPERTONTONKAN DIRI DI MUKA UMUM YANG MENGGAMBARKAN KETELANJANGAN DIKAITKAN ASAS KEMANFAATAN HUKUM

Abstract

The right to health is a fundamental right for every individual, encompassing physical, mental, and social well-being, as stipulated in Article 4 paragraph (1) letter a of Law Number 17 of 2023 concerning Health. However, in reality, based on a survey conducted by the Indonesia - National Adolescent Mental Health Survey (I-NAMHS) in 2022, some individuals experience mental disorders in the form of behavioral disorders, one of which is exhibitionism. This disorder is characterized by a persistent or recurrent tendency to suddenly expose one's genitals to strangers in public places. This study aims to determine whether imposing prison sentences on individuals who openly expose themselves in a manner that depicts nudity is contrary to the principle of legal benefit and to examine whether such individuals can be subject to rehabilitation. The research method used is normative legal research, with a juridical approach, a conceptual approach, and a case approach. The results of the study show that although imprisonment can provide benefits in the form of public safety and satisfaction (happiness for the community), it fails to provide therapeutic benefits for perpetrators who suffer from exhibitionism. Perpetrators can be sentenced to rehabilitation if their actions are categorized as non-physical sexual abuse, as stipulated in Law Number 12 of 2022 concerning Sexual Violence Crimes.