Criminalization Of Adultery During The Covid 19 Pandemic

Criminalization Of Adultery During The Covid 19 Pandemic Siti Nurfadilah Rahman1, Lisnawaty W. Badu2, Mellisa Towadi3 1 2 Faculty of Law, Universitas Negeri Gorontalo, Indonesia. E-mail: Faculty of Law, Universitas Negeri Gorontalo, Indonesia. E-mail: 3 Faculty of Law, Universitas Negeri Gorontalo, Indonesia. E-mail: ARTICLE INFO ABSTRACT Keywords : The purpose of this study is to find out the criminology of adultery perpetrators during the Covid 19 Pandemic. The type of research used is empirical legal research. While sample withdrawal uses purposive sampling and data analysis using qualitative research approaches. The results showed that cases of adultery occur of course triggered by various factors both internal factors and external factors. In the current pandemic period where the majority of people ranging from high economic class to low economic class experience severe economic crisis, primary and secondary needs are difficult to meet to cause feelings of stress and stress that can trigger quarrels in the household, these quarrels can also trigger divorce in households caused by the economy or other actions. In addition, the problem of economic crisis can also trigger adultery were to meet the economy, they commit such unworthy deeds to earn money as well as commercial sex workers. There needs to be increased understanding of the law by law enforcement and the government towards citizens to avoid actions that can harm themselves and others, especially legal counseling to the younger generation. Criminology; Adultery; Covid 19. How To Cite : Rahman, S.T., Badu, L.W., Towadi, M. (2020). Criminalization Of Adultery During The Covid 19 Pandemic. Estudiante Law Journal. Vol. 2 (1): 268-277 DOI : @2020 Rahman, S.T., Badu, L.W., Towadi, M. Under the license CC BY-SA 4 https://ejurnal.ung.ac.id/index.php/eslaw/index Estudiente Law Journal Vol. 2 (1) 2020 268 1. Introduction A. Background The current covid pandemic greatly affects many aspects, such as the enactment of health protocols such as prohibited crowding or leaving the house, PSBB, and layoffs and salary cuts that eventually impact the economic crisis for most people and cause pressure or stress. In ancient times there were different views about the crime of adultery about whether or not it was seen as a prohibited act that could be threatened with criminality. According to the Romans, it was the woman who could be blamed for committing adultery. If a wife has sex with another man who is not her husband, then she has been seen as a wife who is detrimental to a husband's right to demand loyalty from his wife in marriage.1 Law enforcement against criminals is a strategic step to realize national goals in terms of implementing applicable laws and regulations.2 As a result of adultery in the world can give birth to a factory (will fall poor, success will fall) he will become despicable. Getting a great sin that will not be forgiven if the sip as indeed has known his law and knows his knowledge then he must be stoned (thrown a stone to death) as the redeemer of his sin but if he does not know his law and knowledge then the servant can be accepted to his repentance. Diakhirat will not find heaven even the smell will be the crust of hellkholidina fiha (eternal forever), encountering the torment of which in the form of farji pierced iron spear through to his mouth. In line with the progress and so rapid science and technology today. 3 This increasingly modern technology if not used and utilized properly then the urge on negative things one of which is used to the wrong thing such as opening a porn website that can trigger a person's sexuality to do unwanted things such as adultery or criminal acts that can harm others. Therefore, it is worth controlling yourself to avoid evil deeds. Indonesia is one of the countries that put forward the constitution in every aspect of national and state life.4 So that this becomes a constitutional right of every citizen of Indonesia.5 Adultery provisions in Indonesian laws and regulations have not been effective in addressing the problem of adultery that occurs in communities in the territory 1 Ahmad Babiej. (2003) Tinjauan Yuridis atas Delik Perzinahan (Overspel) dalam Hukum Pidana Indonesia, Jurnal Sosio-Religia. 2 (2) Februari, 4 2 Ahmad Rustan Syamsuddin.(July, 2020) Pembuktian Penyalahgunaan Wewenang Dalam Perkara Tindak Pidana Korupsi Pengadaan Barang dan Jasa. Jurnal Law Review. 2 (2), 163 3 Lakoro, A., Badu, L. W., Achir N, (2020). Lemahnya Kepolisian Dalam Penanganan Tindak Pidana Perjudian Togel Online, Jurnal Legalitas. 13 (1), 32 4 Fakhris Lutfianto Hapsoro, (2020). Interpretasi Konstitusi dalam Pengujian Konstitusionalitas untuk Mewujudkan The Living Constitution, Jurnal Law Review. 2 (2), 144 5 Nggilu, N., & Wantu, F. M, (2020). Menapaki Jalan Konstitusional Menuju Zaken Cabinet: Ikhtiar Mewujudkan Pemerintah Berkualitas Konstitusi. Jurnal Hukum Samudra Keadilan, 15(1), 128 https://ejurnal.ung.ac.id/index.php/eslaw/index Estudiente Law Journal Vol. 2 (1) 2020 269 of Indonesia. This pressure is slightly more causing a significant reaction to the existence of society, so the government is careful in solving a problem that has to do with society.6 This can be seen from the increasingly rampant cases of adultery. Shifts in the value of decency in certain societies have occurred, which can be seen from the behavior of some adulterers who are increasingly brave and not reflected guilt. Adulterers who admit the results of their adultery in the media under the pretext of honesty and not hypocrisy have often occurred, among others, when the adulterer gave birth to a child without a father, or he gave birth four months after the marriage contract, and others.7 Here is the data on adultery cases obtained from bone belong police. Table 1 Adultery Case Data No. Year Number of cases 1 2017 5 2 2018 4 3 2019 9 4 2020 9 Source: Bone Bolango Police In 2021 The table above shows the development of the number of adultery cases in Bone Bolango Regency. In 2017, there were five cases. Then in the following year, 2018, there was a decrease of only 4 cases. In 2019, there was an increase of 9 cases. In 2020 there are 9 cases of adultery, although there are similarities in the number of cases in 2019 but, we have known together that in 2020 the Indonesian state experienced the spread of the covid-19 virus. So it can be concluded based on the table above that more cases of adultery occurred during the pandemic where there were 9 cases in the previous year. As we know that in the case of adultery there is a Law that has regulated adultery, namely article 284KUHP which reads "The criminal threat stipulated in article 284 paragraph (1) of the Criminal Code is a nine-month prison sentence, both for married perpetrators and for people who participate in committing the act of adultery". 8 B. Problem Formula This article formulates the problem of criminalization of adultery in the t (...truncated)