TINJAUAN TEOLOGIS-FILOSOFIS TERHADAP KONSEP PASAL PERZINAAN DALAM UNDANG-UNDANG NOMOR 1 TAHUN 2023 TENTANG KITAB UNDANG-UNDANG HUKUM PIDANA

In Law of the Republic of Indonesia Number 1 of 2023 concerning the Criminal Code (KUHP), one of the articles that receives attention is the article concerning adultery. The article which threatens people who engage in free sex with imprisonment has received a negative reaction from the public. The state considers this expansion of the definition of adultery to be too much within the private realm of citizens. There is a view that this expansion will have several impacts, including the potential for abuse, the potential to cause conflict in society and the occurrence of overcriminalization. Formulation of the problem in this research: First, what is the concept of the adultery article in Law Number 1 of 2023 concerning the Criminal Code from a theological-philosophical perspective and Second, does the concept of the adultery article in Law Number 1 of 2023 concerning the Criminal Code from a theological-philosophical perspective fulfill the requirements for criminalization . The normative research method is a scientific research procedure to find the truth that comes from the logic of legal science from its normative side. The concept of the adultery article in Law Number 1 of 2023 concerning the Criminal Code from a philosophical theological perspective makes it clear that there is no reason that the rejection of the adultery article in Law Number 1 of 2023 concerning the Criminal Code is solely used for the benefit of certain people. Legal products should be adapted to your philosophy and identity. Pancasila in its content places religion in the first position. The concept of the adultery article in Law Number 1 of 2023 concerning the Criminal Code from a theological and philosophical perspective meets the requirements for criminalization. Sexual intercourse without a valid marriage contract is, however, an act that cannot be justified.