Criminological Analysis of the Crime of Adultery (A Case Study of the Boalemo Police Resort)

The crime of adultery in Boalemo Regency has shown a significant upward trend, with 37 cases recorded between 2021 and 2025. Adultery is defined here as sexual intercourse outside a lawful marriage, prosecuted under Article 284 of the former Criminal Code (KUHP), with reference to Article 411 of Law Number 1 of 2023 (the new Criminal Code). This study analyzes the causal factors of adultery from a criminological perspective and the efforts to address it. This descriptive-qualitative empirical legal research used one month of field observation, in-depth interviews with three purposively selected key informants (two investigators of the Women and Children Protection Unit of the Boalemo Police Resort and a married offender), and documentary study. The findings reveal that the main factor is the breakdown of marital harmony caused by economic problems and unmet physical and emotional needs, with unregistered religious marriage (nikah siri) serving as a rational choice to minimize social stigma. Based on Social Control Theory, the crime is triggered by weakened attachment, commitment, and belief, and increased involvement with a third party, while Rational Choice Theory shows it to be a conscious decision facilitated by social media. Police efforts are pre-emptive, preventive, and repressive, but are hampered by the concealed nature of the crime and the withdrawal of complaints. This study recommends a Restorative Community-based "Family Resilience Partnership Program" involving community police officers, the local P3AP2KB Office, and religious leaders to educate the public on the legal risks of nikah siri and prevent infidelity.

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Publication Details

Journal
Equality Before The Law
Published
2026-10-29
DOI
https://doi.org/10.36232/ebl.v6i3.6563
Primary Topic
Legal and Policy Analysis in Indonesia
Type
article
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article

Criminological Analysis of the Crime of Adultery (A Case Study of the Boalemo Police Resort)

Dian Ekawaty Ismail, Irlan Puluhulawa, Dandi Radjiman
Equality Before The Law
Legal and Policy Analysis in Indonesia
article

Criminological Analysis of the Crime of Adultery (A Case Study of the Boalemo Police Resort)

Dian Ekawaty Ismail, Irlan Puluhulawa, Dandi Radjiman
article en

Abstract

The crime of adultery in Boalemo Regency has shown a significant upward trend, with 37 cases recorded between 2021 and 2025. Adultery is defined here as sexual intercourse outside a lawful marriage, prosecuted under Article 284 of the former Criminal Code (KUHP), with reference to Article 411 of Law Number 1 of 2023 (the new Criminal Code). This study analyzes the causal factors of adultery from a criminological perspective and the efforts to address it. This descriptive-qualitative empirical legal research used one month of field observation, in-depth interviews with three purposively selected key informants (two investigators of the Women and Children Protection Unit of the Boalemo Police Resort and a married offender), and documentary study. The findings reveal that the main factor is the breakdown of marital harmony caused by economic problems and unmet physical and emotional needs, with unregistered religious marriage (nikah siri) serving as a rational choice to minimize social stigma. Based on Social Control Theory, the crime is triggered by weakened attachment, commitment, and belief, and increased involvement with a third party, while Rational Choice Theory shows it to be a conscious decision facilitated by social media. Police efforts are pre-emptive, preventive, and repressive, but are hampered by the concealed nature of the crime and the withdrawal of complaints. This study recommends a Restorative Community-based "Family Resilience Partnership Program" involving community police officers, the local P3AP2KB Office, and religious leaders to educate the public on the legal risks of nikah siri and prevent infidelity.

Equality Before The LawVol. 6(3)
State University of Gorontalo (ID)
Peace, justice, and strong institutions, Gender equality
Openalex Percentile: Top 3%
Legal and Policy Analysis in Indonesia
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