Adultery Offenses in Indonesia's New Penal Code: Examining the Influence of Islamic and Customary Law

Abstrak

This study examines the influence of Islamic and customary law on the formulation of adultery provisions in the newly recodified Penal Code. The revision of the Criminal Code has sparked controversy, particularly regarding the regulation of adultery, with critics arguing that the new provisions are heavily influenced by Islamic and customary legal principles. This research investigates the extent of this influence through a qualitative methodology employing a normative legal approach. The findings reveal that while Islamic and customary law have significantly shaped the recodification process, their impact is less substantial than initially presumed. The previous Penal Code penalized only married individuals engaging in extramarital sexual relations, whereas the revised Code extends criminal liability to all individuals, irrespective of marital status. This shift redefines adultery from a private ethical concern to a public legal matter. However, the new Penal Code does not fully integrate Islamic or customary law in its classification of criminal offenses. Unlike Islamic and customary law, which treat adultery as a public offense, the new Penal Code operates on the principle of a complainant-based offense, requiring a formal complaint for prosecution. These findings contribute to the broader discourse on the intersection of legal traditions in contemporary criminal law reform.