Criminal Policy of Adultery in Indonesia

Judge courage needed in deciding adultery cases in article 284 of the Criminal Code for perpetrators who have not been bound by marriage, the judge can apply based on the 1945 Constitution and the Law on Judicial Power, which states the source of law is not only the Law (expansion of the principle o...

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Bibliographic Details
Published in:JILS (Journal of Indonesian Legal Studies) 2020-05, Vol.5 (1), p.171-186
Main Author: Widyawati, Anis
Format: Article
Language:English
Subjects:
Adultery
Bravery
criminal code
Criminal justice policy
Criminal law
criminal law policy
Customary law
Extramarital sexuality
Ideology
Judicial powers
Legal research
Legality
Marriage
Penal policy
Perpetrators
Politics
Regulation
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Summary:Judge courage needed in deciding adultery cases in article 284 of the Criminal Code for perpetrators who have not been bound by marriage, the judge can apply based on the 1945 Constitution and the Law on Judicial Power, which states the source of law is not only the Law (expansion of the principle of material legality) but can also source from code that lives in the community (customary law). This research is intended to analyze and describe the penal policy (criminal law policy and politics of criminal law) concerning adultery in Indonesia. This research uses normative legal research, where the Author analyze and compare all laws and regulations concerning to adultery in Indonesia and some theories of adultery in global context. This paper emphasized that adultery not only against religious values but also customary values (customary law). The formulation of adultery concept in Indonesian Penal Code affected by religious teachings and national ideology of Pancasila.
ISSN:2548-1584
2548-1592
DOI:10.15294/jils.v5i1.36786