The Politics of Criminal Law in Setting Adultery Offenses in Indonesia

DOI

10.2991/978-2-38476-110-4_76How to use a DOI?

Keywords

Criminal Law; Politics; Setting Adultery Offenses

Abstract

The aims of this study: 1) To analyze the arrangements for adultery offenses in Indonesian criminal law 2) To analyze the arrangements for adultery offenses in the politics of Indonesian criminal law. The issues discussed: 1) How is the regulation of adultery offenses in Indonesian criminal law. 2) How is the regulation of adultery offenses in the politics of Indonesian criminal law. The method used is normative juridical and uses statutory approaches, historical approaches, conceptual approaches. The results of this study 1) There are three provisions for adultery offenses in Indonesia in the Criminal Code, namely: adultery committed by force, adultery committed by psychological coercion and adultery committed on a consensual basis. The act of adultery has been regulated in Articles 411, 412 and 413, the act is included in the absolute complaint offense. 2) The politics of criminal law in Indonesia regarding the crime of adultery in law reform in Indonesia, namely Articles 411, 412 and 413 of the 2023 Criminal Code which have several expansions regarding the meaning of adultery, namely: first, adultery in all forms, both adultari (muhson), or fornication (ghairu muhson) as a crime. Second, in Articles 411, 412 and 413 of the Criminal Code the adultery offense is still categorized as an absolute complaint offense, but there are still deficiencies in the formulation of these articles, so it is necessary to reconstruct Articles 411, 412 and 413 of the Criminal Code in the National Criminal Code.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Rahman
AU  - M. Hasbi Umar
AU  - Usman
AU  - Erdianto
PY  - 2023
DA  - 2023/11/07
TI  - The Politics of Criminal Law in Setting Adultery Offenses in Indonesia
BT  - Proceedings of the 4th Green Development International Conference (GDIC 2022)
PB  - Atlantis Press
SP  - 766
EP  - 774
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-110-4_76
DO  - 10.2991/978-2-38476-110-4_76
ID  - 2023
ER  -