Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Vol. 4 No. 3 (2026): September: Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora

Implikasi Kebijakan Hukum Pidana Terhadap Limitasi Subjek Delik Aduan Dalam Tindak Pidana Perzinahan

Widya Putri Maharani Alfarizi (Unknown)
Rini Apriyani (Unknown)
Dewi Atriani (Unknown)



Article Info

Publish Date
11 Sep 2026

Abstract

This study discusses the implications of the limitation of complaint based offenses in relation to the criminal offense of adultery under Article 411 of Law No. 1 of 2023, which is considered unable to accommodate the full scope of social realities developing in society. The research problems formulated in this study are: how criminal policy is shaped in regulating the limitation of subjects entitled to file a complaint regarding the criminal offense of adultery, what the implications of such restriction are become the proper direction for policy reformulation should be. This study is a normative or doctrinal legal research employing statutory, conceptual, and analytical approaches. The legal materials used consist of primary, secondary, and tertiary sources, which are analyzed qualitatively using the theory of criminal law policy, the theory of legal certainty, the concept of limited complaint offenses, and the concepts of criminalization. The findings show that Article 411 of Law No. 1 of 2023 classifies adultery as an absolute complaint offense with complainants strictly limited by law to protect privacy and family honor. However, in practice, this arrangement creates a functional legal vacuum, weakens the deterrent effect, and renders sanctions ineffective. Therefore, such limitation is not yet fully proportional to the goal of protecting public decency and public order. The more appropriate policy reform is to retain adultery as a criminal offense while expanding the subject of complainants in a limited and measured manner so that it better conforms to the principles of clarity of purpose, feasibility, utility, effectiveness, and the legal needs of society.

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Journal Info

Abbrev

Mandub

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Bidang kajian dalam jurnal ini termasuk ilmu politik, sosial ,hukum, dan humaniora. Fokus jurnal ini tentang kajian-kajian hukum perdata, hukum pidana, hukum tata negara, hukum internasional, hukum acara dan hukum ...