MARRIAGE UNDERHAND BE CRIMINALIZED
ADULTERY IS PERMITTED
In the current area of globalization with more advanced of technology, in the other hand ironic moral decay occurs as a result of Indonesia modernization and westernization. The existence of such moral decay behavior and their lifestyles become out of control for example, is a free sex. Based on BKKBN (Institution Financial Planning Coordination) in 2008 obtained the fact that 63% adolescent and secondary school age admitted ever having sex, and 21% of whorn had an abortion, the new is revealed, based on the survey results can be concluded that adolescent lifestyle today is out of control.
Some people think that free sex is a something usual because they love each other and ignore the consequence of religious. But in the other hand there are some people who try to politicize it by marriage underhand, so they are no longer considered the sexual act or adultery.
Based on the background there is a growing discourse today is about RUU HMPA (The Bill for Religious Courts of Law Material), of the bill can be concluded that the marriage uunderhand have forbidden if the victim label arising from marriage do underhand “ These victims are usually children or wife does not have right protected”, so they don’t have inheritance right. From discourse we can be concluded that there is a tendency to penalize “marriage underhand”, while adultery is permitted.
`Basically marriage is legal and not violate any norm, so from this statement can be concluded that there is nothing wrong with that marriage underhand which fulfills of the requirements according to their religion. From this context is not feasible if there is a discourse that would penalize people who do marriage underhand. Things that need serious attention is not problem, but adultery because adultery is a at the root of corruption marriage underhand. To solve the problem is required a collaboration of various parties, eg parents, environment and government. Parents in terms of, for example more attention and adequate knowledge about sex to their children about the causes and effects of free sex. Environment terms of forming such an organization in which there is mental and moral development of adolescents. While from the government to give a sanction to those who commit adultery, for example, administrative sanctions. And change the system with the Islamic system, there are Khilafah and Syari’ah.
A criminal prosecution is not required to marriage underhand, but the most important is the provision of administrative sanctions or even criminal sanctions for the perpetrators of adultery