Tinjauan Yuridis Terhadap Perbuatan Zina Dalam Persfektif Hukum Islam Dan Hukum Positif Studi Kasus Putusan PN Jayapura Nomor 68/PID.B/2015/PNJAP Dan Putusan Nomor 2/JN/2021/MS.MBO

Kafisa, Tomy (2022) Tinjauan Yuridis Terhadap Perbuatan Zina Dalam Persfektif Hukum Islam Dan Hukum Positif Studi Kasus Putusan PN Jayapura Nomor 68/PID.B/2015/PNJAP Dan Putusan Nomor 2/JN/2021/MS.MBO. Other thesis, Universitas Islam Riau.

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Abstract

Islam is the majority religion adopted by the Indonesian people. Therefore, Islamic law is also considered important to be enforced in people's daily lives. The application of Islamic law has also been practiced since the Dutch colonial era, but at that time the application of Islamic law was only among the indigenous people of Islam. So with the brief discussion above, we can see the difference between adultery according to Indonesian criminal law and adultery according to Islamic law. Therefore, the author is interested in researching further and more deeply about this legal comparison. And to see the comparison so that it is even more significant the author will analyze two decisions in which the first decision is the author will examine the decision in terms of criminal law and the second is a decision based on qanun or Islamic law. To be more complete and clearer in this study the author raised the title, namely "comparative study of the concept of adultery according to positive law with Islamic law, case study of the verdict of the Jayapura District Court number 68/pid.b/2015/pnjap with the perspective of Islamic law decision number 2/jn/ 2021/ms.mbo” The problem is, first, how is the crime of adultery according to Islamic law and Indonesian criminal law and secondly, how is the comparison of the law of adultery in Islamic law and Indonesian criminal law? This research uses the method of normative legal research. This Normative Legal Research Is Conducted By Only Examining Library Materials Or Secondary Data Only (Soekanto, 2009:13). The results of the research are that the punishment given is of course considered very light and will not have a deterrent effect on the perpetrators and will also not provide a strong threat so that it does not have an impact on the prohibition of committing adultery. This is different from Islamic law which explicitly states that the punishments for adulterers are stoning to death, being flogged a hundred times, and also being exiled. So that with such a punishment, other humans will be afraid to commit adultery because they remember the threat of punishment given. In addition, Indonesian law should also be changed in order to protect teenagers from free sex.

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