REKONSTRUKSI KEBIJAKAN FORMULASI DELIK PERZINAHAN BERBASIS NILAI-NILAI PANCASILA DAN PERKEMBANGAN IPTEK

Abstract

Background This study does is increase in acts of adultery as a form of behavior that deviates from God's guidance, and the development of new forms of adultery as a result of the development of science and technology, as well as community action in resolving acts of adultery that do not use the legal basis of Article 284 of the Criminal Code but using religious values and traditional values.The importance of this study to find of good formulation about offence adultery was comform with values of Indonesian people. Therefore, this study aims to describe, analyze and explain about how the public's under standing of the meaning of adultery, attitudes and actions taken to resolve adultery and sanctions against the offenders. In addition,this study describes and analyzes the government's policy for legal development through adultery offense improvement. Further more, this study aim to find ideal adultery offense policy formulation construction based on the values of Pancasila and the development of science and technology. In this study, the law is not only conceptualized as provisions governing human behavior, but the law also conceptualized as a form of people's behavior, therefore, the author is trying to under stand and delvedeeper into the meaning of people's behavior in completing acts of adultery. In addition, the author is trying to understand and explore the government policies that have been made in tackling acts of adultery. Therefore, the paradigm used in this study is socio-legal constructivism approach. The data obtained will be assessed using a hermeneutic, phenomenology, comparative and policies approach. The findings show that: 1) The government has made the renewal of the offense of adultery, which is explicitly contained in the National KUHP Concept/Draft, and implicitly contained in the Child Protection Act, the Pornography Act, the Film Act and ITE Act. In the draft Penal Code of 2012, acts of adultery as a crime on complaint relative used in a broad sense. While limitation adultery is sexual intercourse / sexual intercourse is not in a valid marriage between men and women. The limit of adultery in the Pornography Act, including also sexual relations with men and with animals. 2) Based on the formulation of the offense of adultery as stated in Article 284 of the Criminal Code that is not fully accommodate the values in Indonesian society, resulting in Indonesian society in solving the basic acts of adultery using religious values and customs because people feel more able to get real justice (perfect Justisce ), due to the completion of the religious values and customs using principles of balance, which includes a balance between the interests of victims and perpetrators, the individual with society, the natural microcosm with the macrocosm nature. 3) reconstruction of the offense of adultery policy formulation in creating legal certainty and justice Pancasila accommodate acts of adultery as a result of science and technology development can be done by using a scientific approach, which include religious approach, humanistic, democration, and policy approaches, in which the approach is legal pluralism according to Winer Mensky. Keywords: Reconstruction of policy formulation, Adultery, Pancasila, science and technology, legal pluralism