ANALISIS YURIDIS PERKARA PUTUSAN NOMOR 82/PID.B/2019/PN PGP, TERKAIT TENTANG TINDAK PIDANA PERZINAHAN

Abstract

The act of adultery is a very despicable act and is considered very
immoral among society. In the Criminal Code, the offense of adultery is regulated
in chapter XIV of Book II Article 284 of the Criminal Code which can be
categorized as a crime against morality. In this formulation, the Criminal Code
stipulates that sexual relations outside of marriage are only a crime of adultery, if
the perpetrator or one of the perpetrators is a person who is married to another
person. Sexual relations outside marriage, between two people who are both
single, are in no way a crime of adultery.
The type of research used in this research is normative legal research or
can also be called doctrinal legal research. Normative legal research is legal
research that examines principles, norms or rules originating from statutory
regulations, court decisions, and doctrines from leading legal experts. In this
research the author will examine legal principles. The principles studied in this
research are the principle of justice and the principle of legal certainty.
The judge's decision is to grant the plaintiff's claim/accept the defendant's
exception, reject the plaintiff's claim, or not accept the plaintiff's claim for the
case handler, in this case, the judge has the right to accept and reject the claim. If
a lawsuit contains incomplete documents or formal defects, the judge should
reject the lawsuit. Based on the contents of the decision in case Number
82/pid.B/2019/PN pgp, it is unacceptable that the final decision is negative
because it contains formal defects. In the contents of the case in decision Number
82/pid.B/2019/PN pgp, researchers found a legal weakness, namely imposing
punishment on only one perpetrator, whereas in this decision case, there were two
perpetrators. Based on the contents of the decision, and based on the statements
of the witnesses in the contents of the decision, the judge in making considerations
before making a decision, the judge may use witness statements in making the
decision, but it needs to be emphasized that the judge must be wise in making the
right decision, looking at the information. witness in this case, that the witness
requested that the Panel of Judges give the lightest sentence possible to the wife,
who was one of the perpetrators in the case regarding the crime of adultery.
Keywords: Marriage - Act Of Adultery - Verdict.