Comparative Study Of The Criminal Action Of Addiction In Aceh Qanun And Book Of Criminal Law

Abstract

This study examines a comparative study of the crime of adultery in Aceh Qanun Number 6 of 2014 concerning the Jinayat Law and Article 284 of the Criminal Code which applies as positive law in the territory of the Indonesian state. This is as enshrined in Chapter VI of the 1945 Constitution of the Republic of Indonesia concerning Regional Government, Article 18 paragraph 5 which states that regional governments exercise the widest possible autonomy, except for government affairs which are determined by law to be the affairs of the central government. From the results of the study, it was found that the comparison between the two laws lies in the elements of the crime of adultery, sanctions and procedures for applying the law to the perpetrators of the crime of adultery. In Aceh Qanun Number 6 of 2014 concerning the Jinayat Law, the adulterer was handed down 'Uqubat Hudud lashes one hundred times for married (muhsan) and unmarried (ghairu muhsan) adulterers. Meanwhile, in Article 284 of the Criminal Code, a maximum prison sentence of nine months is imposed on adulterers who are already bound in marriage.