Delik Zina Controversy in the Kuhp

Abstract

Laws are compiled and made based on various considerations and adapted to the circumstances as well as the needs of society, based on this, the Indonesian government officially establishes a new Criminal Code (KUHP). The new Criminal Code is now registered through Law Number 1 of 2023. Fundamental changes to the elements of criminal acts in the latest Criminal Code still leave various polemics in society. Articles 411 to 413 of the Criminal Code prohibit sexual intercourse between partners without a valid marriage bond. However, this article is an absolute complaint offense which can only be subject to an element of crime if there is a complaint from a married husband or wife and parents or unmarried children. This article examines the controversies of adultery offenses in the latest Criminal Code as well as the views of Islamic law. adultery in the latest Criminal Code is considered not fulfilling the sense of justice of religious people. Therefore, it is necessary to review changes to adultery arrangements in the latest Criminal Code so that they reflect the religious, social and moral values that live in society.