PENA LAW: INTERNATIONAL JOURNAL OF LAW https://penajournal.com/index.php/PENALAW/index 21 THE INDONESIAN CRIMINAL CODE: UNREGULATED ADULTERY (AN OVERVIEW OF ISLAMIC CRIMINAL LAW) Irfan Ardiansyah 1 , Duwi Handoko 2 , Beni Sukri 3 1,2,3 Persada Bunda Law High School, Indonesia E-mail: 1 irfanardiansyah@ymail.com, 2 sepihak@gmail.com, 3 bennysukri89@gmail.com Abstract God created sexual intimacy to be enjoyed only in marriage. God has determined that Adam's children tend to commit adultery. This desire is inevitable, namely to commit adultery in the form of vision, adultery of the mouth in the form of narrative, adultery feelings through ideals and the desire to get it. However, it is the genitals who determine in adultery or not. The Indonesian Criminal Code does not view all non-marital sex relations as adultery. According to the Indonesian Criminal Code, adultery can only occur if sexual relations outside of marriage are carried out by people who are married. In addition, adultery in Indonesia cannot be threatened with punishment if there are no complaints from the victim who feel insulted or harmed, namely the husband or wife of the perpetrator. Keywords: Marriage, Adultery, Revenge 1. INTRODUCTION God created sexual intimacy to be enjoyed only in marriage (Uwadiae, 2012). Marriage is fundamentally built on trust, while adultery is fundamentally built on lies (Bateman, 2014). Adultery is the same as unfaithfulness (Akers, 2014). When people enter marriage, they usually do so with a formal promise to 'forsake all others' (Burrell, 2013). It is a sin when people who are married involved sexually with other people (Dieuvil, 2014). However, not all instances of sexual relations outside of marriage are adultery. A married woman who has been violently raped is not an adulteress—only wrongful intercourse outside of marriage is adultery (Machuga, 2015). When a woman [sexually] approaches another woman, both of them are adulterers (zāniyatán) (Kamali, 2019). Who, after divorce, marry again are to be considered adulterers (Gallagher, 2019). Adultery is like murder, a term only used when we think the whole action is wrong (Dancy & Sandis, 2015). The dangers posed by adultery are very clear. It takes one person in the circle to get infected and all other persons will be at risk (Antom & Umar, 2019). The punishment for adultery is inherent in the crime. It comes naturally, without any direct intervention by God or a court (Berlin & Brettler, 2014). Adultery is described as sexual intercourse between a married woman and any man not her husband (Abasili, 2016). Many scholars believe that female adulterers were punished more often than male adulterers; however, the examination of court records and letters from the Middle Ages reveal that despite the historical prevalence of misogyny and the church’s ideology of equal condemnation of male and female adulterers, in reality, male adulterers were punished more frequently than women (Lely, 2019). Sexual freedom trumps sexual responsibility in today’s arena of gender (Chung & Liu, 2018). Adultery is about sex (Weil, 2003). Notice that in Middle Eastern culture, adultery is not about sex or sexual infidelity. It is about shame (Pilch, 2012). In England over the course