The Completion Pattern of Adultery Case Based on the Customary Law of Sabunese

Abstract

Adultery, according to Sabu Society is relations between a man who is bound a custom matrimony or religious marriage with a woman who is bound a matrimony or one of them has bound in a matrimony. Adultery, based on the positive law is ruled in chapter 284 book of Undang-Undang Hukum Pidana (KUHP). Chapter 284 KUHP has the point that a man or woman who has been married and doing adultery (overspel). The point in chapter 284 KUHP has similarity with the point in customary law of Sabunese, namely adultery is conducted with someone (man or woman) who has been joined in matrimony. Based on the research has been done, it found that the people of Sabu is prefer to completing adultery customarily because of some factors, that is: sanction and serious fine, it is normally using the completion customarily with the people of Sabu,the justice law based on the people of Sabu, the effect of completion and completion pattern. Two patterns of completion which appears in completion process of adultery based on the customary law of Sabu is the completion pattern in kinship way which are preventing and protecting.

The Phenomenon of Pregnant Muslim Marriages in Lintau Buo Utara, Tanah Datar, West Sumatra

“…Tsubaidah, who conducted library research on the views of the five schools of jurisprudence scholars regarding the law of marriage for pregnant women (Tsuaibah, 2017); 2) Yustika examined the opinion of the KUA regarding pregnant marriage, including the basis and reasons used in marrying pregnant women as a result of adultery in KUA Kasihan District, Bantul (Yustika, 2014); 3) Dedi, who conducted library research related to the provisions of Article 53 of the Compilation of Islamic Law concerning marriages of pregnant women due to adultery ; 4) Mansur, researched the effectiveness of applying fines in overcoming khalwat. in fact there are some areas in Aceh, which consider that marrying off a partner because of khalwat, is considered a form of fine (Mansur et al, 2020); 5) Paulus, researched the pattern of solving adultery cases in the Savu tribe community (Paulus et al, 2019); 6) Ahmed researched the impact of early marriage and early pregnancy on Bangladeshi youth (Ahmed, Shaila, Shamsun Nahar, Md. Nurul Amin, 2017); 7) Samano examined adolescents in Mexico City who became pregnant out of wedlock, and their relationship to the family context and the individual situations of these adolescents before, during and after pregnancy (Sámano et al, 2017); and 8) Taghipour, researching the importance of promotion for the prevention of early marriage is necessary for the promotion of psychological empowerment during pregnancy (Taghipour et al, 2016).…”