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Original Research



Vol 18, No 04 ( 2023 )   |  DOI: 10.17605/OSF.IO/X2JMG   |   Author Affiliation: Doctor of Law Program, Faculty of Law, University of Mataram, Indonesia 1,2,3.   |   Licensing: CC 4.0   |   Pg no: 2010-2038   |   Published on: 29-04-2023


Islamic law as one of the important elements in the development of national law, empirically is a living law in society. There is conformity in substance or philosophical value to the formulation of principles and legal objectives (maqoshid al-shari'ah) of Islamic law with the values aspired to by the development of national law. National law is based on Pancasila values, upholds divine and human values that are just and civilized, but there are still many legal products in it that are contrary to the echoed values of Pancasila, including the offense of adultery in both the old Criminal Code and the Criminal Code 2022 which is colored by the values of individualism and liberalism which are very much against Islamic law and local culture are reflected in Pancasila. The issues raised in this dissertation are (1) How are the principles of Islamic law in the development of national law? (2) How is the implementation of Islamic law principles in the development of national law? And (3) what is the Reformulation of Articles of Adultery in the National Criminal Code? This research is normative legal research. In summary, the results of this study are: (1) Islamic law has had a lot of influence on the development of national law, especially on the principles, principles and values contained therein. Many statutory products have been produced, but it is undeniable that there are still many statutory products that are still inconsistent and even contradictory to Pancasila, including crimes related to adultery (overspel) in the Old Criminal Code and the 2022 Criminal Code. (2) Implementation of the principles of Islamic law in the development of national law through two interrelated processes, starting with a purification process, followed by the integration of two concepts that are almost the same, or two concepts that are different, but have the same principles, and values. (3) Overspel offense Article 284 of the Old Criminal Code is contrary to Pancasila values which uphold religious and cultural values. As for the 2022 Criminal Code, article 411 of the offense of adultery, although it includes an expansion of the meaning and an increase in punishment from the previous Criminal Code, it is not fully in accordance with the principles of Islamic law, so it is necessary to reformulate it. It is hoped that this research can fill in or contribute new concepts or theories for the development of Indonesian national law, as well as role models in the preparation of statutory products.


Principles, Islamic Law, Adultery Crime, National Criminal Code