REKONSTRUKSI DELIK ADUAN DALAM PASAL 411 KUHP TENTANG PERZINAAN: STUDI SOCIO-LEGAL DI DESA BANDAR KABUPATEN MAGETAN

Abstract

The enactment of Law Number 1 of 2023 on the Criminal Code (KUHP) reformulated the offense of adultery under Article 411, designating it as a limited, absolute complaint-based offense. This has sparked debate, as it must balance protecting the family institution and privacy with legal values living within society. This study analyzes the implementation of the complaint-based offense provision in Article 411 in Bandar Village, Magetan Regency, identifies the legal, social, and cultural factors shaping its effectiveness, and formulates a concept for reconstructing the provision to be more responsive to community needs from a socio-legal perspective. The study employs an empirical legal research method with a socio-legal approach, combining normative analysis of legislation with empirical examination of social reality. Primary data were obtained through interviews with village officials, community leaders, a law enforcement officer, and residents involved in a documented adultery case, supported by secondary data from legislation, academic literature, and prior research, analyzed qualitatively by integrating normative and empirical findings. Findings indicate that resolution of adultery cases in Bandar Village consistently prioritizes familial deliberation, religious values, and customary norms over formal criminal proceedings. Although the provision protects privacy and family integrity, its implementation still carries potential legal uncertainty from differing perceptions between the community and law enforcement. Accordingly, reconstructing Article 411 should strengthen legal certainty, protect the parties' rights, and harmonize state law with community values for more effective criminal law reform.

Keywords: legal reconstruction, complaint-based offense, Article 411 of the Criminal Code, adultery, socio-legal.