Proceedings of the International Conference on Cultural Policy and Sustainable Development (ICPSD 2024)

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The Concept of Adultery in Positive Law: Is There a Rational Basis in the Pancasila Legal State in Indonesia

Authors
Edwin Aditya Irawan1, *, Lego Karjoko2
1Faculty of Law, Universitas Sebelas Maret, Ir. Sutami Street, No. 36 Kentingan, Jebres, Surakarta, Jawa Tengah, Indonesia, 57126
2Faculty of Law, Universitas Sebelas Maret, Ir. Sutami Street, No. 36 Kentingan, Jebres, Surakarta, Jawa Tengah, Indonesia, 57126
*Corresponding author. Email: edwinadityairawan@student.uns.ac.id
Corresponding Author
Edwin Aditya Irawan
Available Online 24 December 2024.
DOI
10.2991/978-2-38476-315-3_28How to use a DOI?
Keywords
Adultery; Rational Basis; Positive Law; Pancasila Legal State
Abstract

The lack of character education and the high influence of liberal western culture has led many people to enter into unhealthy romantic relationships, who instead of carrying out legal marriage relations, in accordance with religious beliefs and the provisions of marriage law, actually engage in sexual relations outside of marriage or commit adultery. Currently it is increasing to a very worrying level, for some people it is even considered normal because it does not harm other people. As a legal state, based on the Pancasila values and moral values in society, Indonesia views adultery as a bad thing. Through normative legal research with literature study as its conceptual approach and deductive analysis, this study attempts to see the basic rationality of adultery in Indonesia as a Pancasila legal state. The results of the research show that there is a rational basis for regulating adultery in the Pancasila legal state, namely the philosophy of divine law, where positive law as lex humana must not conflict with the law taught by God, which is contained in the first principle “Belief in One Almighty God.”

Copyright
© 2024 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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Volume Title
Proceedings of the International Conference on Cultural Policy and Sustainable Development (ICPSD 2024)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
24 December 2024
ISBN
978-2-38476-315-3
ISSN
2352-5398
DOI
10.2991/978-2-38476-315-3_28How to use a DOI?
Copyright
© 2024 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.

Cite this article

risenwbib
TY  - CONF
AU  - Edwin Aditya Irawan
AU  - Lego Karjoko
PY  - 2024
DA  - 2024/12/24
TI  - The Concept of Adultery in Positive Law: Is There a Rational Basis in the Pancasila Legal State in Indonesia
BT  - Proceedings of the International Conference on Cultural Policy and Sustainable Development (ICPSD 2024)
PB  - Atlantis Press
SP  - 196
EP  - 204
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-315-3_28
DO  - 10.2991/978-2-38476-315-3_28
ID  - Irawan2024
ER  -