ANALYSIS OF UNVALID SECOND MARRIAGES UNDER ARTICLE 279 OF THE CRIMINAL LAW BOOK (KUHP)

Abstract

Marital crimes. The condition for a person to be punished under this article is that the person must know that he was married in the past and that this marriage has not yet been relinquished Therefore it is very interesting and important to study further about how to regulate the Punishment of Second Marriage Based on Article 279 of the Criminal Code (KUHP)? and how is the responsibility for the punishment of second marriage based on Article 279 of the Criminal Code (KUHP)? To answer these problems, normative juridical legal research methods are used with statutory and conceptual approach methods. From the results of the study, it was found that the invalid second marriage arrangement in Law Number 1 of 1946 concerning the Regulation of Criminal Law (KUHP) contained in it, namely crimes against the origin of marriage. In the Criminal Code (KUHP) Article 277 paragraph (1), Article 279 and Article 280. Criminal Acts Against Origin and Marriage is the 14th Chapter in Law Number 1 of 2023 concerning the Second Book of the Criminal Code. Contains 5 Articles, namely from Article 401 to Article 405. The liability of an invalid second marriage under Article 279 is specifically regulated in article 279 of the Criminal Code. The act of a husband who conducts a polygamous marriage without the wife's consent and court permission violates the provisions in Article 279 of the Criminal Code, with a maximum prison sentence of 5 years.