WINATA, ANDRI PANDU (2010) PENYELESAIAN HUKUM PERZINAHAN BUJANG DENGAN BUJANG(Studi Kasus Di Desa Tulus Besar Kecamatan Tumpang Kabupaten Malang). Other thesis, University of Muhammadiyah Malang.
PENYELESAIAN_HUKUM_PERZINAHAN_BUJANG_DENGAN_BUJANG.pdf - Published Version
Download (96kB) | Preview
Such fornication sex outside of marriage was not set explicitly in the rule of law in Indonesia. Perpetrators of adultery is not considered a violation of law for no one was harmed. Adultery can be punished as criminal only if there is one party that was harmed as a rape. Law Book Criminal Law (Penal Code) does not expressly regulate the cases of adultery is voluntary or likes the same like the men and women who are not bound in a legal marriage. writers interested in selecting the study sites in the district of Malang village of Tulus Besar Malang Regency Mixed Sub. This is because that location has occurred over criminal cases of adultery committed by a flunky flunky or a spouse who has not tied to a valid marriage, which then processed by the legal community itself. The problem that arises is how the legal settlement with a flunky flunky adultery that occurred in the village of genuine poor districts overlap in the district and what the constraints faced during the legal settlement with a flunky flunky adultery that occurred in the village of districts overlap sincere poor districts. The methodology used in this research using sociological juridical approach. Source of research data obtained there are two kinds of data in the form of primary data interviews with villagers Mixed Tulus Besar district and secondary data obtained from the Criminal Code, books, literature, legal journals and can be obtained from newspapers, magazines laws, Internet and the opinions of experts or other data sources that can support this research. Then the form of data collection techniques to the interview which is expected to provide information on topics under study and the study of literature review written information about the law from different sources. While to analyze the data use descriptive qualitative technique, namely an analysis by using data obtained to collect and explain in the light In solving the crime of adultery, if resolved through litigation means complection the rule of law, based on the settlement as set forth in positive law. As we know the rules governing adultery contained in the Book of Law Criminal Law regulates only the act of adultery committed by both partners, which have bound one legal marriage and / or both have the same bound in the bonds of marriage with each pair. As for the adultery committed by the two couples where both were equally not bound by a legal marriage, are not regulated in these rules. The conclusion drawn from the results of this research is adultery legal settlement to finish through alternative non-litigation settlement using mediation. But not necessarily a solution that can be used in a legal settlement, still many things that become obstacles in the adopted resolution.
|Item Type:||Thesis (Other)|
|Subjects:||K Law > K Law (General)|
|Divisions:||Faculty of Law > Department of Law|
|Depositing User:||Anwar Jasin|
|Date Deposited:||12 Mar 2012 13:11|
|Last Modified:||12 Mar 2012 13:11|
Actions (login required)