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All Journal International Journal of Educational Review, Law And Social Sciences (IJERLAS)
Asneliwarni
Institut Sains dan Teknologi Muhammadiyah Tarakan
Religion Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Comparison of Adultery on Criminal Law and Dayak Abai Customary Law Aris Irawan; Asneliwarni; Fitri Wahyuni
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 6 No. 6 (2026): on Progress
Publisher : RADJA PUBLIKA

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Abstract

This research aims to answer two questions related to adultery in Indonesian Criminal Law and Dayak Abai customary law. The research method used is normative research on legal rules relating to the research variables. The research approach used is conceptual and comparative. The results of this research are as follows: first, adultery in the Criminal Code and Dayak Abai Customary Law have the same view, while the 2023 Criminal Code has a different view. Second, the purpose of punishment in the Criminal Code emphasizes retributive purposes, where punishment is given as a form of retribution for crimes committed by the perpetrators of these crimes, both in the new Indonesian Criminal Code, even though there have been criminal case resolutions outside the Criminal Code. However, Court still provides room for retributive settlements in its regulation. The new Indonesian Criminal Law emphasizes recovery, guidance, assistance, and freeing convicts from guilt. Meanwhile, Dayak Abai's customary law emphasizes punishment as an effort to compensate for losses, as well as an effort to prevent repetition; punishment for perpetrators is for the sake of natural balance, not revenge against the perpetrator. This comparison demonstrates that Dayak Abai customary law offers a more restorative and community-oriented perspective on punishment in adultery cases.
Co-Authors Aris Irawan Fitri Wahyuni