Thursday, June 10, 2010

Adultery is not Adultery?...

This week public of Indonesia is shocked by blue videos on internet. It’s about sexual activity that probably done by 2 public figures, Mr. AP and Ms. LM. And now, public is reshocked by 2nd video on internet, that done by (probably) Mr. AP and Mrs. CT. I use word ‘probably’ because those haven’t be proved, although an ICT expert said that it’s 90% true.

If those video true, can Mr. AP, Ms. LM, and Mrs CT be indicted?

According to Criminal Law Code (Kitab Undang-undang Hukum Pidana/KUHP) article 284, adulterers can be prisoned maximum for 9 months. But, still according to this article, an action can be called adultery (perzinahan) if done by people that one of them or they all binded in wedlock. An unmarried man and a married woman, or an unmarried woman and a married man, or a married man and a married woman that they are not husband and wife. And indictment only can be done if there is complaint (pengaduan) from one that gets disadvantage because of the adultery.

On the video of Mr. AP and Ms. LM (if true they are), according to Criminal Law Code, their behavior is not adultery, because both Mr. AP and Ms. LM are not in wedlock with anyone. They are unmarried people. So they cannot be indicted with the article 284 (adulterous article).

It’s different from video of Mr. AP and Mrs. CT (if true they are). Because Mrs. CT is someone else’s wife (married woman), so can be said that she and Mr. AP commited adultery. They can be prisoned if Mrs. CT’s husband indict them. But…, on an interview, he looked not believe that his wife on the video. So, probably will not be indictment of adultery.

That’s Indonesian Criminal Law that product of Dutch Colonial. They are lucky (once, if true they are), because in Indonesia (except in province of Nangroe Aceh Darussalam) Islamic Criminal Law is not in forced. So they are avoided from 100 lashings or stoning to dead. Because, according to Islamic law, sex without marry or free-sex is adultery (zina). And Adat Law is too. And public is too….

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