Participate in Highlighting the Case Involving Tisya Erni, Amstrong Sembiring: Adultery Can Be Prosecuted

Kapanlagi.com - According to JJ Amstrong Sembiring, a legal practitioner and former candidate for the 2019-2023 KPK, referring to the legal foundation in Indonesia, it is stated that marriage law in Indonesia, as regulated in Article 1 of Law No. 1 of 1974 concerning Marriage, explicitly states that marriage is a physical and spiritual bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the belief in the One and Only God.

However, in the dynamics of life, due to temptations from a third party that lead to affairs, both from the husband or wife's side. The impact results in the breakdown of the marital relationship and divorce. This is what happened in the case of an affair involving the name of Indonesian dangdut singer, Tisya Erni. Tisya Erni is suspected of taking Amy's husband, a South Korean woman. It turns out that Amy's husband, who is suspected of having an affair with Tisya Erni, is Aden Wong. Aden Wong is a businessman from Singapore. Through a short video, Amy reveals the allegations of her husband's affair with Tisya Erni. Amy admitted that her marriage was instantly destroyed when Tisya Erni entered her life. "I have been married for 16 years. I found out that my husband was having an affair with a woman he claimed to be his PA, who is actually an assistant (an Indonesian artist with the initials TE who was involved in a prostitution case) when I gave birth to our fourth child alone," Amy concluded on her Twitter account. It's not the affair that made Amy sad. The Choi family woman is devastated because her husband took all four of their children."

1. Already Regulated in the Law

Amstrong Sembiring: Special

According to Amstrong, in Indonesia, the classic model of adultery cases like this has already been regulated in Article 284 paragraph (2) of the Indonesian Criminal Code mentioned above. The process of prosecuting or reporting the crime of adultery (overspel) can only be done upon the complaint of the husband or wife. This crime is considered an absolute complaint offense (klacht delict).

Article 284 of the Indonesian Criminal Code is an absolute complaint offense, meaning it cannot be prosecuted if there is no complaint from the aggrieved or embarrassed husband or wife. In addition, the criminal report of adultery (overspel) cannot be further processed by the police if the report is not made by the official partner of the aggrieved party.

2. Prison Threat?

Amstrong Sembiring: Special

Amstrong then said that if a married couple is proven to have an affair, one of the affected parties can report their partner to the police. Article 284 paragraph (1) of the Criminal Code carries a maximum penalty of 9 months in prison. The article states that:

The following are punishable by up to nine months in prison:

• A married man who commits adultery (overspel), even though article 27 of the Civil Code applies to him,
• A married woman who commits adultery, even though article 27 of the Civil Code applies to her, 2.a. A man who participates in the act, even though he knows that the accomplice is married;
• A married woman who participates in the act, even though she knows that the accomplice is married and article 27 of the Civil Code applies to her.

• No prosecution shall be initiated except upon the complaint of the tainted spouse, and if article 27 of the Civil Code applies to them, within three months followed by a request for divorce or separation due to that reason.
• Articles 72, 73, and 75 do not apply to this complaint.
• The complaint can be withdrawn as long as the court hearing has not started.
• If article 27 of the Civil Code applies to the married couple, the complaint shall not be heeded as long as the marriage has not been dissolved or before a decision is made to separate the table and bed.

So be prepared for anyone who is having an affair, including the alleged affair with Tisya Erni and Aden Wong, to be ready to face the law. And finally, Amstrong hopes that in the case of Tisya Erni's affair with Aden Wong, which has made Amy sad because her husband took all four of their children, the Police and the Prosecutor are expected to work intelligently, professionally, and with integrity to uphold the dignity of their institutions.

(kpl/glk)