KEBIJAKAN FORMULASI KETENTUAN PIDANA DALAM DELIK KESUSILAAN (PERZINAHAN) YANG BERBASIS NILAI KEADILAN RELIGIUS

Abstract

The first principle shows that Indonesia is a country that recognizes the existence of God, therefore, as a religious state, the rules of criminal provisions must not conflict with religious and legal values that live in society. This study discusses the criminal provisions of the decency offense (adultery) in force today which has been based on the value of religious justice and the policy of formulating criminal justice religious provisions. The study used a normative juridical method with qualitative analysis. The result of this research, that the criminal provisions in the decency offense currently in effect have not been based on the value of religious justice. The policy of formulating criminal provisions with religious justice in adultery offenses is carried out by extending the meaning of zina in the criminal provisions by referring to the holy book (Al-Quran).