A criminal law expert from the Islamic University of Indonesia (UII)\nhas shared his views regarding the report of alleged adultery filed by\nthe wife of the perpetrator in the Ash Sholihah Islamic Boarding School\nrape case in Sleman, MNH (alias GN). He believes that the adultery\nallegations should be postponed until the handling of the sexual\nviolence case is completed.<\/p>\n
\u201cThere is no provision stating that the adultery case must wait for\nthe sexual violence case, which is already at the investigation stage.\nIn principle, they can proceed simultaneously,\u201d said Ari Wibutan, a\nLecturer in Criminal Law at the UII Faculty of Law, when contacted on\nMonday (28\/9\/2026).<\/p>\n
\u201cHowever, technically it could be confusing due to contradictory\nevidence, specifically regarding the presence or absence of coercion,\ndeception, abuse of power dynamics, vulnerability, or dependency,\u201d he\nadded.<\/p>\n
Ari suggested that the handling of the alleged adultery case should\nbe delayed until the sexual violence case reaches a verdict. \u201cIf I were\nto suggest, the adultery case should be put on hold until the sexual\nviolence case is finalised. Because the court\u2019s decision on the sexual\nviolence case will determine the evidence in the adultery case,\u201d he\nstated.<\/p>\n
Furthermore, Ari emphasised that the report from the suspect\u2019s wife\ndoes not automatically change the status of the former student as a\nvictim in the sexual violence case. In that case, the former\nadministrator of the Ash-Sholihah Boarding School has been named a\nsuspect under Article 6 letter c of Law Number 12 of 2022 concerning\nSexual Violence Crimes (UU TPKS).<\/p>\n
According to him, because she holds the position of a victim in the\nsexual violence case, her rights remain attached, including the right to\nprotection, access to justice, and victim recovery. \u201cThe complaint from\nthe suspect\u2019s wife does not change the position of the former student as\na victim, so her rights as a victim must still be fulfilled,\u201d he\nsaid.<\/p>\n
Ari also noted that the report from the suspect\u2019s wife has the\npotential to criminalise the victim, although this cannot be concluded\nimmediately. He noted that communications via WhatsApp or direct\nmessages (DM) containing sensual conversations do not automatically\nprove that adultery or consensual sexual intercourse has occurred.<\/p>\n
He added that the victim still has the right to protection to ensure\nthat the legal process does not worsen her condition. \u201cWe must ensure\nher mental condition does not deteriorate further due to feeling\nintimidated, humiliated, or traumatised by having to provide testimony\nabout her past repeatedly. If this happens, it constitutes\nre-victimisation of the victim,\u201d he said.<\/p>\n
Nevertheless, Ari emphasised that the police must still process the\nreport of alleged criminal acts submitted by the suspect\u2019s wife in\naccordance with applicable criminal procedure. \u201cThe police cannot ignore\nreports or complaints of alleged criminal acts; they must be processed\naccording to the law. However, the development of the case will depend\non the sufficiency of the evidence,\u201d he noted.<\/p>\n
Similar sentiments were expressed by Dr Sigid Ryanto, a lecturer and\nCriminal Law Expert at Gadjah Mada University (UGM). Sigid stated that\nthe police cannot summarily reject a report. However, he highlighted\nthat the power dynamics must be carefully considered in this case.<\/p>\n
\u201cThe important thing is the investigative facts that prove the\nbackground of the act. Whether it was part of an affair done with mutual\nconsent, or if behind it there was an intent by the perpetrator to\ndeceive the victim, even if that deception is not physical,\u201d Sigid said\nwhen contacted on Monday (28\/9).<\/p>\n
He noted that a person can still be a victim of rape even if they\npreviously had a relationship with the perpetrator, including cases\nwhere the relationship resulted in pregnancy. \u201cIt depends on the modus\noperandi that the investigators uncover\u2014whether it was rape, which does\nnot necessarily involve physical force but can involve deception or\ntrickery. If the person is a victim, then it is not an affair, but rape.\nTherefore, even if the victim becomes pregnant, they could be cleared of\ncriminal charges if the man used deception or manipulation to induce\ncompliance,\u201d he explained.<\/p>\n
As previously reported, the graduate of the Ash-Sholihah Jonggrangan\nSleman Islamic Boarding School, who is the victim of rape by a former\nboarding school administrator, FN, has been reported to the police for\nalleged adultery. The complainant is BA (29), who is the wife of the\nsuspect NH (alias MNH\/GN).<\/p>\n
\u201cOur agenda is to file a report (LP) regarding the adultery committed\nby NH and FN. That is what we are reporting,\u201d said BA\u2019s legal counsel,\nHalimah Ginting, after filing the report at the DIY Regional Police\nHeadquarters on Wednesday (23\/9).<\/p>\n
Halimah stated that BA had intended to report the suspect and the\nvictim since learning of the case in July 2026. However, due to BA\u2019s\nunstable psychological condition following the incident, the report was\nonly filed recently. The report is registered under number\nLP\/B\/597\/IX\/2026\/SPKT\/Polda D.I. Yogyakarta.<\/p>\n
\u201cThe goal is to ensure this does not happen to others. As a victim,\nespecially since she has five children, this is a form of seeking\njustice for our client,\u201d said Halimah.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/experts-urge-delay-in-adultery-investigation-regarding-former-student-in-sleman-1790599988", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }