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Perpustakaan Fakultas Syariah dan Hukum
UIN Syarif Hidayatullah Jakarta

This thesis discusses how the legal provisions in Article 411 of the Criminal Code regarding the criminal act of adultery as a complaint offense are reviewed in Islamic law and the differences in sanctions for adulterers based on the perspective of Islamic law and positive law in Indonesia. The method we use in this study is a normative comparative juridical between Islamic Law and the Criminal Code (KUHP). This research contains a description of research from written legal sources, conceptualizing it as what is written in laws and regulations (law in book) or laws that are conceptualized as rules or norms that guide people's behavior.
The results of the research and data analysis in this study state that: first, in Islamic Criminal Law there is no such thing as a complaint offense, all jarimahs, be it hudud, qishos, diyat, and takzir, are all ordinary offenses. Adultery in Islamic law is not a complaint offense, whereas in the Criminal Code Article 411 the criminal act of adultery is a complaint offense, and is included in the category of absolute complaint offense. Second, in proving adultery in Islamic criminal law, it is proven by four things: 1) testimony, 2) confession, 3) qarinah (indication), 4) li‟an. And in Islamic criminal law, an act of adultery can be legally processed as long as four witnesses and all of them are male can be brought forward. However, this is not the case with the Criminal Code.

68/.PMH/2023

68/PMH/2023

Perpustakaan FSH Lantai 4

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