YOGYAKARTA Article Zina in the Criminal Code has only received negative attention from various foreign media, such as The New York Time, BBC, Time, The Australian, Wall Street Journal to Aljarera. So, what is the content of Zina's article in the Criminal Code Law (UU KUHP) which was just passed on Tuesday, December 6, 2022?
In general, adultery can be interpreted as an act of sexual intercourse between a man and a woman who is not bound by marriage or marriage.
In Article 415 paragraph 1 (one) of the Draft Criminal Code (RKUHP) part of the Licensing section, it is stated that everyone who has intercourse with a person who is not a husband or his wife is convicted of adultery with a maximum imprisonment of 1 (one) year or a maximum fine of category II, amounting to Rp. 10 million.
Paragraph 2 (two) Article 415 RUKHP states that criminal acts as referred to in paragraph one of the articles above cannot be prosecuted except for complaints:
While paragraph 3 (three) reads: Against the complaint as referred to in paragraph (2) the provisions as referred to in Article 25, Article 26, and Article 30 do not apply.
Paragraph 4 (four): Complaints can be withdrawn during examinations at court hearings have not yet started.
Article 416 of the RKUHP section of adultery reads:
Paragraph 1 (one): Every person who lives together as a husband and wife outside of marriage shall be sentenced to a maximum imprisonment of 6 (six) months or a maximum fine of category II.
Paragraph 2 (two): Regarding the Crime as referred to in paragraph (1) no prosecution is carried out except for complaints:
Paragraph 3 (three): Regarding the complaint as referred to in paragraph (2), the provisions of Article 25, Article 26, and Article 30 do not apply.
Paragraph 4 (four): Complaints can be withdrawn during examinations at court hearings have not yet begun.
Meanwhile, article 417 of the RKUHP for the Licensing section reads:
Everyone who has intercourse with someone he knows is a member of a family of blood in a straight line or side to the third degree, shall be sentenced to a maximum imprisonment of 12 (twelve) years.
Expert opinion about Article Zina in the New Criminal Code
Constitutional law expert Bivitri Susanti said Article 415 which regulates adultery in the Draft Criminal Code (RKUHP) has the potential to cause persecution in the community.
"It has the potential to create persecution," said constitutional law expert Bivitri Susanti, quoted by VOI from ANTARA, Thursday, December 8, 2022.
Bivitri explained that the living community is not only guided by legal norms, but also religious, social, and moral norms, including how to behave.
Legal norms, especially criminal penalties that regulate the threat of the body (punishment), and fines must be treated ultimum remedium or the last way in law enforcement.
"This means that if all methods have been done cannot, then criminal sanctions will be applied," said one of the founders of the Center for Law and Policy Studies (PSHK).
According to him, the formulation of the rules does not mean something that is not liked and then articles are made so that they can ensnare the community with the aim that someone does not do it.
"That's not how to formulate criminal law norms. However, we must see whether behavior disturbs public order or not," he said.
Bivitri assessed that cohabitation and so on is more aimed at the realm of private law, not public law.
In addition, private jurisdictions cannot be simply transferred to public law because there is the potential for errors in punishment.
The problem, continued Bivitri, when there is a regulation on adultery, according to her, it can lead to assumptions that some people attack adultery because they are considered to have violated the law.
That is information about the article on adultery in the new Criminal Code. May it be useful!
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