ANALISIS PUTUSAN HAKIM No. 848 / Pid.Sus / 2023 / PN. Jkt.Pst. TENTANG PEMERIKSAAN TUBUH PADA FINALIS MISS UNIVERSE INDONESIA 2023

Abstract

The body inspection case on August 1, 2023, in Jakarta involved defendant Andaria Sarah
Dewia, who ordered finalists to undress nearly nude, strike uncomfortable poses, and be
photographed in a semi-open CCTV-equipped room without standard operating
procedures (SOP) or formal consent, causing psychological trauma to victims like
Natasha, Lola, and others. This phenomenon reflects women’s exploitation in the beauty
industry, where a single act fulfilled concursus idealis under Article 63 (1) of the Criminal
Code, violating the Sexual Violence Crimes Law (Article 14 (1), Electronic Information
and Transactions Law (Article 27 (1), and Pornography Law (Article 4 (1); however, the
judge applied only the Sexual Violence Crimes Law, imposing 1 year 4 months
imprisonment, a Rp100 million fine, and Rp738,877,500 restitution via LPSK. This
research is crucial to critique cumulative law application and the expediency principle
(asas kemanfaatan). The study analyzes the defendant’s act as concursus idealis and the
judge’s considerations alignment with expediency (restitution, deterrence, victim
recovery). Employing normative juridical methods (statutory/case approaches), primary
materials (court decisions, laws) and secondary sources (books, journals), library
research, and descriptive qualitative juridical analysis. Findings confirm the act meets
concursus idealis with appropriate absorption (Sexual Violence Crimes Law as lex
specialis); the judge fulfilled legal certainty (photo/witness evidence), justice (trauma),
and expediency (restitution). Conclusion single application formally correct, cumulative
more optimal. Recommendations cumulative prosecution by prosecutors, multiple offenses
by judges, MUID privacy SOP.