Analisis hukum pidana Islam terhadap putusan nomor 129/Pid.B/2024/Pn.Srg tentang tindak pidana perzinaan dalam keluarga

Achtia, Alika Chairana and Anwar, Syahrul and Faizal, Enceng Arif (2026) Analisis hukum pidana Islam terhadap putusan nomor 129/Pid.B/2024/Pn.Srg tentang tindak pidana perzinaan dalam keluarga. Tana Mana, 7 (2). pp. 1-12. ISSN 2747-1667

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Abstract

Adultery within affinal family relations between a mother-in-law and her son-in-law constitutes a serious offence against decency that multilaterally damages marital integrity, family honour, and social trust. This study examines the judicial reasoning,criminal sanction, and the relevance of the sanction in Judgment No. 129/Pid.B/2024/PN Srg on intra-family adultery from the perspective of Islamic criminal law. Employing a normative juridical method with statutory, conceptual, and case approaches, the research analyses Article 284 of the Indonesian Criminal Code, Law No. 1 of 2023 on the new Criminal Code, as well as the concepts of jarimah of zina and maqasid al-shariah. The findings show that the panel of judges proved all elements of Article 284 paragraph (1)(a) jo. Article 64 paragraph (1) of the Criminal Code through a combination of witness testimony, confession, and circumstantial evidence, and imposed a nine-month imprisonment as the maximum penalty allowed by positive law. From the standpoint of Islamic criminal law, however, the defendant’s conduct qualifies as zina muhsan and zina bi al-mahram, classified as a severe jarimah hudud. Consequently, the nine-month sentence does not substantively reflect justice and remains misaligned with the objectives of hifz al-nasl and hifz al-‘ird in safeguarding lineage and family honour in Muslim society.

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