Expert: The Adultery Article Of The RKUHP Potentially Leads To Persecution

UNSPLASH ILLUSTRATION

JAKARTA - 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 ANTARA, Tuesday, July 12.

Bivitri explained that people live not only based on legal norms, but also religious, social and moral norms, including how to behave.

Legal norms, especially criminal penalties that regulate the threat of corporal punishment (imprisonment), and fines must be treated as an ultimum remedium or the last way in law enforcement.

"It means, if all the methods that have been done cannot be done, then criminal sanctions will be applied," said one of the founders of the Center for Law and Policy Studies (PSHK).

According to him, the preparation of rules does not mean something that is not liked, then articles are made so that they can ensnare the community with the aim of someone not doing it.

"That's not the way to formulate criminal law norms. However, we have to see whether this behavior disturbs public order or not," he said.

Bivitri assesses that cohabitation and others are more directed at the realm of private law, not public law.

In addition, the area of private law cannot simply be transferred to public law because of the potential for errors in punishment.

The problem, continued Bivitri, when there were regulations regarding adultery, according to him, could lead to the assumption that some people may attack adulterers because they are considered to have violated the law.

In fact, if examined in more detail, the RKUHP article on adultery is a complaint offense or can only be reported by certain people.

"In fact, even without the Criminal Code, persecution has already taken place," he said.

However, Bivitri emphasized that this view is in no way to support or legalize adultery or free sex.

The problem is, the settlement of actions that are considered inappropriate does not mean having to go through criminal channels, but there are many other ways.

If it is forced, he said, there will be many negative effects, such as persecution.