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All Journal Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam
Zulpahmi
Universitas Islam Negeri Sumatera Utara
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Policy on Sanctions for Homosexual Acts in Article 414 KUHP: The Perspective of Islamic Criminal Law Julhadi Siregar; Zulpahmi
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 8 No. 2 (2026)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v8i2.10496

Abstract

Increasingly dynamic social changes require criminal law reform that ensures legal certainty while addressing evolving forms of moral violations. This study analyzes the regulation and legal foundations of Article 414 of Law Number 1 of 2023 concerning the Criminal Code (KUHP), particularly regarding indecent acts involving same-sex perpetrators. It examines the provision from the perspective of Islamic criminal law. The research employs a normative juridical method, using legislative, conceptual, and comparative approaches, and is supported by a literature review. The findings show that Article 414 KUHP is based on philosophical, juridical, and sociological considerations as part of national criminal law reform to protect morality, ensure legal certainty, and maintain social order. The provision is gender-neutral and focuses on acts fulfilling criminal elements, including indecent acts committed in public, involving coercion, or accompanied by the dissemination of pornographic content. The prescribed sanctions include imprisonment and/or fines. In Islamic criminal law, same-sex indecent acts are considered fāḥisyah and contrary to sharia based on the Qur'an, hadith, and the majority view of fuqahā'. Such acts are generally classified as jarīmah ta'zīr, with sanctions determined by authorities in accordance with the public interest. Both legal systems ultimately aim to protect morality and preserve social order.
Co-Authors Julhadi Siregar