Experts Urge Delay in Adultery Investigation Regarding Former Student in Sleman

A criminal law expert from the Islamic University of Indonesia (UII) has shared his views regarding the report of alleged adultery filed by the wife of the perpetrator in the Ash Sholihah Islamic Boarding School rape case in Sleman, MNH (alias GN). He believes that the adultery allegations should be postponed until the handling of the sexual violence case is completed.

“There is no provision stating that the adultery case must wait for the sexual violence case, which is already at the investigation stage. In principle, they can proceed simultaneously,” said Ari Wibutan, a Lecturer in Criminal Law at the UII Faculty of Law, when contacted on Monday (28/9/2026).

“However, technically it could be confusing due to contradictory evidence, specifically regarding the presence or absence of coercion, deception, abuse of power dynamics, vulnerability, or dependency,” he added.

Ari suggested that the handling of the alleged adultery case should be delayed until the sexual violence case reaches a verdict. “If I were to suggest, the adultery case should be put on hold until the sexual violence case is finalised. Because the court’s decision on the sexual violence case will determine the evidence in the adultery case,” he stated.

Furthermore, Ari emphasised that the report from the suspect’s wife does not automatically change the status of the former student as a victim in the sexual violence case. In that case, the former administrator of the Ash-Sholihah Boarding School has been named a suspect under Article 6 letter c of Law Number 12 of 2022 concerning Sexual Violence Crimes (UU TPKS).

According to him, because she holds the position of a victim in the sexual violence case, her rights remain attached, including the right to protection, access to justice, and victim recovery. “The complaint from the suspect’s wife does not change the position of the former student as a victim, so her rights as a victim must still be fulfilled,” he said.

Ari also noted that the report from the suspect’s wife has the potential to criminalise the victim, although this cannot be concluded immediately. He noted that communications via WhatsApp or direct messages (DM) containing sensual conversations do not automatically prove that adultery or consensual sexual intercourse has occurred.

He added that the victim still has the right to protection to ensure that the legal process does not worsen her condition. “We must ensure her mental condition does not deteriorate further due to feeling intimidated, humiliated, or traumatised by having to provide testimony about her past repeatedly. If this happens, it constitutes re-victimisation of the victim,” he said.

Nevertheless, Ari emphasised that the police must still process the report of alleged criminal acts submitted by the suspect’s wife in accordance with applicable criminal procedure. “The police cannot ignore reports or complaints of alleged criminal acts; they must be processed according to the law. However, the development of the case will depend on the sufficiency of the evidence,” he noted.

Similar sentiments were expressed by Dr Sigid Ryanto, a lecturer and Criminal Law Expert at Gadjah Mada University (UGM). Sigid stated that the police cannot summarily reject a report. However, he highlighted that the power dynamics must be carefully considered in this case.

“The important thing is the investigative facts that prove the background of the act. Whether it was part of an affair done with mutual consent, or if behind it there was an intent by the perpetrator to deceive the victim, even if that deception is not physical,” Sigid said when contacted on Monday (28/9).

He noted that a person can still be a victim of rape even if they previously had a relationship with the perpetrator, including cases where the relationship resulted in pregnancy. “It depends on the modus operandi that the investigators uncover—whether it was rape, which does not necessarily involve physical force but can involve deception or trickery. If the person is a victim, then it is not an affair, but rape. Therefore, even if the victim becomes pregnant, they could be cleared of criminal charges if the man used deception or manipulation to induce compliance,” he explained.

As previously reported, the graduate of the Ash-Sholihah Jonggrangan Sleman Islamic Boarding School, who is the victim of rape by a former boarding school administrator, FN, has been reported to the police for alleged adultery. The complainant is BA (29), who is the wife of the suspect NH (alias MNH/GN).

“Our agenda is to file a report (LP) regarding the adultery committed by NH and FN. That is what we are reporting,” said BA’s legal counsel, Halimah Ginting, after filing the report at the DIY Regional Police Headquarters on Wednesday (23/9).

Halimah stated that BA had intended to report the suspect and the victim since learning of the case in July 2026. However, due to BA’s unstable psychological condition following the incident, the report was only filed recently. The report is registered under number LP/B/597/IX/2026/SPKT/Polda D.I. Yogyakarta.

“The goal is to ensure this does not happen to others. As a victim, especially since she has five children, this is a form of seeking justice for our client,” said Halimah.