CD Skripsi

Gagasan Kebijakan Hukum Pidana Perluasan Makna Zina Pada Pasal 284 Kitab Undang-Undang Hukum Pidana Dikaitkan Dengan Putusan Mahkamah Konstitusi Nomor:46/Puu-Xiv/2016

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The Criminal Code Draft Team made efforts to renew the adultery offense, which is about the adulterers who originally were married men and married women as regulated in positive law in the 2017 Criminal Code Draft Article 484 includes men and women who are not bound by each legal marriage with other people. In addition to causing pro-contra, this is exacerbated by the protracted discussion of the Criminal Procedure Code that there are no signs that will be ratified since 1963 until an idea emerges to expand the meaning of zina through the Constitutional Court but it is rejected by the Constitutional Court. The impact of this adultery can damage the moral and religious values that exist in Indonesian society based on the supreme divinity, so that gradually this action seems to be a legalized act because of the lack of rules h Law in Indonesian positive law is a threat to national identity. The purpose of writing this thesis, namely; First, to find out the urgency of criminal law policy to expand the meaning of zina in Article 284 of the Criminal Code. Second, to find out the legal implications that can occur from the expansion of zina regulation material in Article 284 of the Criminal Code. Third, to know ideally material arrangements about adultery. This type of research used in legal research is a normative juridical method, this research is descriptive, that is a study that aims to describe the problem clearly and in detail. The source of the data used secondary data and tertiary legal materials. Data collection techniques in this study with the literature review method after the data collected is then analyzed to draw conclusions. From the results of the research and discussion, it can be concluded that, First, the reasons derived from the foundation of moral values / national agreements which state that zina violates the values of morality (national agreement) that exist in Pancasila which contain values based on national life for the One Godhead (religious moral values). Second, the regulation of adultery in the Criminal Procedure Code tends to be overcriminalized and does not pay attention to the impacts that can occur. Third; In order to avoid the implications of legal chaos, the regulation regarding zina should not over criminalize or expose the principle of ultimum remedium and to overcome the protracted drafting of the RKUHP, the progressive legal breakthrough is needed by the Constitutional Court to expand the meaning of zina in Article 284 of the Criminal Code In the Constitutional Court Decision Number: 46 / PUU-XIV / 2016 the majority of judges still use the legal positivist thinking pattern, which results in the rejection of the material test suit. the strong flow of public opinion that wants the Constitutional Court to be a way out of the deadlock that occurs because the thing being tested is contrary to moral values. Keywords: Law Policy - Adultery - Judge's Decision - Progressive Law

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 04. 119 (0053)

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Pidana., 2019

Deskripsi Fisik

v, 52 hlm.; ill.; 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 04. 119 (0053)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

DAUS

Versi lain/terkait

Lampiran Berkas

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