{"title":"The Completion Pattern of Adultery Case Based on the Customary Law of Sabunese","authors":"Gery Mario Paulus, J. Pello, Aksi Sinurat","doi":"10.15294/jils.v4i01.26962","DOIUrl":null,"url":null,"abstract":"Adultery, according to Sabu Society is relations between a man who is bound a custom matrimony or religious marriage with a woman who is bound a matrimony or one of them has bound in a matrimony. Adultery, based on the positive law is ruled in chapter 284 book of Undang-Undang Hukum Pidana (KUHP). Chapter 284 KUHP has the point that a man or woman who has been married and doing adultery (overspel). The point in chapter 284 KUHP has similarity with the point in customary law of Sabunese, namely adultery is conducted with someone (man or woman) who has been joined in matrimony. Based on the research has been done, it found that the people of Sabu is prefer to completing adultery customarily because of some factors, that is: sanction and serious fine, it is normally using the completion customarily with the people of Sabu,the justice law based on the people of Sabu, the effect of completion and completion pattern. Two patterns of completion which appears in completion process of adultery based on the customary law of Sabu is the completion pattern in kinship way which are preventing and protecting.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":"1 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2019-05-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"2","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"JILS Journal of Indonesian Legal Studies","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.15294/jils.v4i01.26962","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 2
Abstract
Adultery, according to Sabu Society is relations between a man who is bound a custom matrimony or religious marriage with a woman who is bound a matrimony or one of them has bound in a matrimony. Adultery, based on the positive law is ruled in chapter 284 book of Undang-Undang Hukum Pidana (KUHP). Chapter 284 KUHP has the point that a man or woman who has been married and doing adultery (overspel). The point in chapter 284 KUHP has similarity with the point in customary law of Sabunese, namely adultery is conducted with someone (man or woman) who has been joined in matrimony. Based on the research has been done, it found that the people of Sabu is prefer to completing adultery customarily because of some factors, that is: sanction and serious fine, it is normally using the completion customarily with the people of Sabu,the justice law based on the people of Sabu, the effect of completion and completion pattern. Two patterns of completion which appears in completion process of adultery based on the customary law of Sabu is the completion pattern in kinship way which are preventing and protecting.
根据萨布协会的说法,通奸是指一名男子与一名女子之间的关系,这名男子与一名女子之间的关系是一场习俗婚姻或宗教婚姻,这名女子与一名女子之间的关系是一场婚姻或其中一名女子之间的关系。《Undang-Undang Hukum Pidana》(KUHP)第284章规定了通奸的成文法。第284章KUHP有一点,已婚的男人或女人犯奸淫(过度拼写)。KUHP第284章的要点与Sabunese习惯法的要点相似,即通奸是与已经结婚的人(男人或女人)进行的。在已有研究的基础上,发现萨布人更倾向于完成通奸习俗的原因有:制裁和重罚,通常使用萨布人的完成习俗,以萨布人为基础的司法法律,完成的效果和完成的模式。基于萨布习惯法的通奸完满过程中出现了两种完满模式,即亲属方式完满模式,即预防完满模式和保护完满模式。