APPLICATION OF THE PROVISIONS OF ARTICLE 279 OF THE CRIMINAL LAW (KUHP) CONCERNING CRIMES AGAINST THE ORIGINS OF MARRIAGE IN CASES OF MARRIAGE UNDER THE HANDS WITHOUT THE PERMISSION OF THE FIRST WIFE

Abstract

Nowadays, most husbands who practice polygamy do not use the mechanism of applying for permission from the court and, even more sadly, do not have permission to carry out the marriage from the wife of their first marriage, then secretly marry again by means of an unregistered marriage. Therefore, it is very interesting and important to study further regarding whether a private marriage without the permission of the first wife can be qualified as a criminal offense under Article 279 of the Criminal Code? and what is the criminal liability for perpetrators of underhanded marriages without the permission of the first wife based on the provisions of Article 279 of the Criminal Code? To answer these problems, normative juridical legal research methods are used with statutory and conceptual regulatory approaches. Data obtained from primary, secondary and tertiary legal material sources were collected and then analyzed using qualitative data analysis techniques. From the research results, it was found that religiously, cases of unregistered polygamy without the permission of the legal wife are considered as marriages that violate religious goals and commands, in accordance with the postulates in the state's positive law, unregistered polygamy without the permission of the legal wife is classified as a marriage that violates the rules of state law, and violating several statutory provisions starting from Articles 279 and 280 of the Criminal Code (Criminal Code) concerning polygamy without court permission, automatically a previous valid marriage becomes a barrier to polygamy. (threatened to 5 years in prison. Offense of complaint under Article 284 of the Criminal Code (Criminal Code) concerning adultery (everspel/sexual intercourse without the permission of the legal wife). (threatened to 9 months in prison).