The Concept Of Adultery Post-Revision Of The Penal Code

Abstract

Zina is an act that is prohibited by religion as well as by the state. Adultery is arranged in two rules; in Indonesia it is regulated in the Criminal Code called KUHP. For the case of adultery, it uses offense complaint, which means that it will only be processed criminal law if there is one spouse who reported this legal event. While in Islam, zina actions are regulated in the Qur'an and Hadith. The problems appeared when the article that regulates zina in the existing criminal code law will be revised its offense from the offense complaint becomes a general offense. This research is under normative research. The type of data in this study is secondary data which were collected by the study method library. The data collected were analyzed by qualitative descriptive method. The result shows that in the Islamic context of adultery, the reporting and proofing process requires only 4 witnesses and it must be seen by firsthand. Whereas in the draft amendment of the criminal law, the adultery will be regulated by general offense resulting in the proof that should be studied not only from the sociological aspect but also the theological aspect.

Tinjuan Hukum Islam dan Kitab Undang Undang Hukum Pidana Terhadap Zina

“…Secaramutlak. (Junaidi & Imansyah, 2018) Persetubuhan yang disebut zina adalah persetubuhan ke dalam farji (kem aluan), dimana alat kelamin laki laki (zakar) masuk ke dalam alat kelamin pere mpuan (farji), sebagaimana alat mencelak mata dimasukkan ke dalam tempat celak mata. Ukurannya adalah jika kepala kemaluan laki-laki (hasyafah) telah masuk ke dalam farji walaupun sedikit.…”

Zina Act Review from Islamic Law in Bandar Sinembah Village Tanjung Morawa

“…Sexual intercourse which is forbidden and is considered adultery is intercourse in the farji, where the testicles in the farji are like a stick in a coke bottle or like a bucket in a well. Sexual intercourse is considered adultery, at least with the immersion of the hasyafah (the tip of the penis) on the farji, or a similar type of hasyafah if the penis does not have a hasyafah, and according to a strong opinion, erection of the penis is not required (Junaidi and Imansyah, 2018). According to Abdul Halim Hasan, adultery means a man inserts his genitals into a woman's genitals, without marriage and subhat.…”