ATURAN ZINA & KUMPUL KEBO SUDAH DIATUR DI KUHP LAMA?

Summary

The video discusses the legal aspects of adultery and cohabitation in Indonesia's new Criminal Code (KUHP), particularly focusing on the newly introduced provisions that are set to take effect in three years. It contrasts these with the current laws in the old KUHP, where adultery is punishable with up to nine months in prison but only through a complaint filed by a spouse. Additionally, it explains that cohabitation (commonly known as 'kumpul kebo') is not explicitly regulated in the current legal framework, leaving individuals involved in such relationships without legal consequences.

Takeaways

• 😀 The new Indonesian criminal code (KUHP) has drawn attention to certain articles, including those related to adultery and cohabitation without marriage.
• 😀 The new KUHP will come into effect three years after being ratified, and it has become a subject of discussion both in Indonesia and internationally.
• 😀 The old KUHP, which is still in effect, does have provisions for adultery and cohabitation, but with certain limitations.
• 😀 Under the old KUHP (Article 284, Paragraph 1), adultery is punishable by up to 9 months of imprisonment.
• 😀 Adultery is classified as a 'delict of accusation,' meaning it can only be prosecuted if reported by the spouse of the offender.
• 😀 A complaint about adultery can be withdrawn before the trial starts.
• 😀 Cohabitation without marriage (often referred to as 'kumpul kebo') is not specifically regulated under the old KUHP.
• 😀 While 'kumpul kebo' is a broader term that covers more than just adultery or immoral acts, it has not been subject to legal punishment under the old criminal code.
• 😀 Currently, people involved in cohabitation without marriage ('kumpul kebo') cannot face criminal charges under the old KUHP.
• 😀 The discussion around these issues continues as the new KUHP approaches its implementation date, with both legal and social implications.

Q & A

What is the significance of the new Indonesian Criminal Code (KUHP) in relation to adultery and cohabitation?

The new KUHP introduces specific regulations regarding adultery and cohabitation, both of which have attracted significant attention. These issues are especially noteworthy because the law, while newly passed, will only take effect three years after its enactment.

How does the current (old) KUHP treat adultery?

Under the old KUHP, adultery is regulated by Article 284, which states that individuals committing adultery can be sentenced to a maximum of 9 months in prison. However, it is considered a 'delik aduan' (complaint offense), meaning legal action can only be taken if the spouse of the adulterer files a complaint.

What is a 'delik aduan' and how does it relate to adultery in the old KUHP?

'Delik aduan' refers to offenses that can only be prosecuted if the victim or affected party files a complaint. In the case of adultery, this means the legal process can only begin if the spouse of the adulterer brings forward a complaint.

Can a complaint regarding adultery be withdrawn under the old KUHP?

Yes, according to Article 284, Paragraph 2 of the old KUHP, a complaint for adultery can be withdrawn as long as the court proceedings have not yet started.

What is the difference between adultery and cohabitation (kumpul kebo) in the legal context of the KUHP?

Adultery specifically refers to infidelity within marriage, whereas cohabitation ('kumpul kebo') is a broader concept that refers to living together without marriage, often seen as a form of immoral conduct or public indecency.

Is cohabitation (kumpul kebo) currently punishable under the existing KUHP?

Under the existing KUHP, cohabitation (kumpul kebo) is not explicitly punishable as there is no specific regulation addressing it. As a result, those involved in such behavior cannot be subjected to criminal sanctions.

What changes does the new KUHP bring to the regulation of adultery and cohabitation?

The new KUHP seeks to regulate both adultery and cohabitation more explicitly. This includes provisions that will allow for the criminalization of such actions, although these changes will only take effect three years after the law is enacted.

Why has the new KUHP generated significant media attention, particularly internationally?

The new KUHP has garnered international attention because of its controversial clauses regarding adultery and cohabitation. These provisions have been viewed as a step back in terms of personal freedoms, and this has led to global discussions, including media coverage by foreign outlets like Lippo.

What role does public opinion and media coverage play in the discourse surrounding the new KUHP?

Public opinion and media coverage, both domestically and internationally, play a crucial role in shaping the discourse surrounding the new KUHP. The controversy over provisions related to adultery and cohabitation has sparked debates about personal freedom, morality, and the role of the state in regulating private lives.

What will happen once the new KUHP comes into effect in three years?

Once the new KUHP comes into effect in three years, it will officially regulate adultery and cohabitation. Those found guilty of such actions could face legal penalties, which are currently not enforceable under the existing KUHP.