Criminal Law Policy in Combating Consensual Swinger Sexual Offenses in Positive Law of Indonesia

Andi Khadafi1, Pujiyono2, Nur Rochaeti3

Abstract
Consensual swinger sexual activity is a sexual deviation encompassing various forms of sexual deviance, including sexual orientations and interests. Deviance, in this context, refers to disorders or abnormalities. Sexual behaviour comprises all actions driven by sexual desires, whether involving individuals of opposite or same genders. Sexual deviance represents a departure from established norms, violating societal standards. It can also be understood as actions disregarding values and norms, conflicting with or deviating from the positive
legal regulations in Indonesia. Consensual swinger sexual activity constitutes a consensual crime, a public order offence involving multiple participants who willingly engage in unlawful activities, and those involved are considered “victims” even though they have given their consent. Therefore, in combating consensual swinger sexual offences in Indonesia, we can implement criminal law policies encompassing both penal and non-penal measures.

Keywords: Criminal Law Policy, Combating Criminal Offenses, Consensual Swinger, Sexual Offenders in Positive Law in Indonesia