The Social Sciences

Year: 2017
Volume: 12
Issue: 7
Page No. 1201 - 1206

Customary Law Analysis about Criminal Act of Unlawful Sexual Intercourse (Zina) According to the Article 284 of Criminal Code in the Renewal of Criminal Law

Authors : H. Ishaq and S.H.M. Hum

Abstract: The criminal of zina in Article 284 of the Criminal Law based on customary law sanctions are too mild, just call for imprisonment for ever 9 months. It caused the law does not make the deterrent. In terms of the customary (adat) law offense of zina shake the public balance sheet, breaking the relative class privilege, violate moral norms, religious norms and legal interests of a person as a husband, so punished “swinging traps” that is inserted into a large fish traps filled with various kinds of thorns then swung in the river to death in Lampung. In Aceh zina punished muhshan torment each hit 100 times and exiled for an entire year for which no muhsin hit 50 times and exiled half years. The Dayaks, the husband killed his wife and the man allowed his partner, when the act was caught red-handed. Therefore, in order to reform the criminal law should pay attention to the law in accordance with the laws of life (the living law) in society, namely customary law, so the law can function properly.

How to cite this article:

H. Ishaq and S.H.M. Hum, 2017. Customary Law Analysis about Criminal Act of Unlawful Sexual Intercourse (Zina) According to the Article 284 of Criminal Code in the Renewal of Criminal Law. The Social Sciences, 12: 1201-1206.

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