ANALISIS YURIDIS PENGATURAN TENTANG PERKAWINAN TANPA IZIN ISTERI PERTAMA MENURUT PASAL 279 KUHP BERDASARKAN PUTUSAN MAHKAMAH AGUNG NOMOR: 75 K/PID/ 2016 & 168 K/MIL/2016
Abstract
Unregistered marriage (Siri Marriage) is essentially part of the religion of
Islam and the practice is allowed in the Islamic religion. The culture of Siri
marriage is adopted from the Arabs. Not only in the East, this practice is also
extended to Indonesia. The thing is because the majority of Indonesian people are
Muslims. The practice of unregistered marriage has been around for a long time
and is still present sometimes. Marriage (registered one) which is a symbol of
purity and commitment in a household can be an impact of this practice of
unregistered marriage. Because marriage sometimes can be littered with
infidelity, often unregistered marriage becomes a way out for polygamists. This
led to polygamy perpetrators being ensnared by the existence of criminal law
regarding criminal acts regulated in Article 279 of the Criminal Code
(hereinafter referred to as the Criminal Code) with the threat of imprisonment of
5 years. In other words, a person is punishable by a five-year prison sentence for
a second marriage without permission from his first wife or husband who is still
legally bound to the marriage and is still alive. However, the application of this
Article is still considered lacking in law enforcement due to the application of
juriprudence in Indonesia is not an obligation for judges that give them the liberty
to interpret the Article according to their beliefs. This type of research can be
classified into the type of Normative legal research which reveals legislation
relating to legal theories that are the object of research. The approach taken is
qualitative analysis by looking at data both in books, journals, and other scientific
works related to this research. The data sources used for this exercise are primary
and secondary legal materials.
Keywords: Siri Marriage, Criminal Acts, Marriage, Article 279 of the Criminal
Code.
Islam and the practice is allowed in the Islamic religion. The culture of Siri
marriage is adopted from the Arabs. Not only in the East, this practice is also
extended to Indonesia. The thing is because the majority of Indonesian people are
Muslims. The practice of unregistered marriage has been around for a long time
and is still present sometimes. Marriage (registered one) which is a symbol of
purity and commitment in a household can be an impact of this practice of
unregistered marriage. Because marriage sometimes can be littered with
infidelity, often unregistered marriage becomes a way out for polygamists. This
led to polygamy perpetrators being ensnared by the existence of criminal law
regarding criminal acts regulated in Article 279 of the Criminal Code
(hereinafter referred to as the Criminal Code) with the threat of imprisonment of
5 years. In other words, a person is punishable by a five-year prison sentence for
a second marriage without permission from his first wife or husband who is still
legally bound to the marriage and is still alive. However, the application of this
Article is still considered lacking in law enforcement due to the application of
juriprudence in Indonesia is not an obligation for judges that give them the liberty
to interpret the Article according to their beliefs. This type of research can be
classified into the type of Normative legal research which reveals legislation
relating to legal theories that are the object of research. The approach taken is
qualitative analysis by looking at data both in books, journals, and other scientific
works related to this research. The data sources used for this exercise are primary
and secondary legal materials.
Keywords: Siri Marriage, Criminal Acts, Marriage, Article 279 of the Criminal
Code.
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