Perbandingan Efektivitas Larangan Zina Antara Kitab Undang-Undang Hukum Pidana (KUHP) Dan Fikih Jinayah Di Indonesia

Abstract

Adultery is a highly reprehensible act and is not in accordance with the values upheld by Indonesian society. The Adultery is considered a highly disgusting behavior that goes against Indonesia society’s traditional values. The regulation of adultery in the Indonesian Penal Code (KUHP) continues to spark various debates regarding its implementation. Under the KUHP, adultery is categorized as a complaint-based offense and carries relatively light penalties. In contrast, from the perspective of Islamic Criminal Jurisprudence, perpetrators of adultery are subject to harsher punishments based on Islamic law principles, such as stoning or flogging, aiming to preserve societal morals and create a stronger deterrent effect. Consequently, the effectiveness of the KUHP in deterring acts of adultery is often called into question. This study aims to examine the differences in elements and criminal provisions regarding adultery between the KUHP and Fiqh Jinayah, and to analyze the effectiveness of each in deterring offenders. The research employs a library research method with a comparative normative juridical approach. The findings indicate that the sanctions prescribed in Fiqh Jinayah tend to be more effective in providing a deterrent effect compared to those outlined in the KUHP. Therefore, the study recommends that Indonesian regulations incorporate stricter preventive principles to reduce the incidence of adultery.