PENEGAKAN HUKUM TERHADAP SUAMI PELAKU TINDAK PIDANA YANG MELANGSUNGKAN PERKAWINAN KEDUA TANPA IZIN DALAMHUKUM PIDANA INDONESIA

Abstract

From an Islamic legal perspective, unregistered marriages are still considered valid, but under state law, such marriages are not considered valid unless they are registered with the Religious Affairs Office (KUA) or the Civil Registry Office. The problem becomes more complex when unregistered marriages are confronted with Article 402 of the 2023 Criminal Code, which stipulates criminal penalties for remarrying while still legally married. In law enforcement practice, Article 402 of the Criminal Code is often difficult to apply to unregistered marriages due to evidentiary issues, differing interpretations of the validity of the marriage, and the lack of synchronization between criminal and marital norms in the Marriage Law. This situation indicates a disharmony between criminal and marital norms. The research problem is formulated as follows: what forms of marital crimes are defined in Indonesian criminal law and how to enforce the law against perpetrators of marital crimes in the Indonesian criminal justice system. The research method used is a normative juridical legal approach. This research uses a statute approach, a case approach, an analytical approach, and a conceptual approach, which are principally sourced from primary legal materials consisting of laws and judges' decisions, secondary legal materials consisting of books, research results, articles, and tertiary legal materials from libraries, articles, and websites. The legal material analysis technique uses grammatical interpretation techniques. The conclusion of this study is that the form of criminal acts of marriage in Indonesian criminal law is regulated in Article 402 of the National Criminal Code which is basically an adoption of Article 279 of the Criminal Code. This provision criminalizes the act of carrying out a marriage when there is still another marriage that is a legal obstacle and law enforcement against perpetrators of criminal acts of marriage in the Indonesian criminal justice system has not fully realized legal certainty. The suggestion of this study is to harmonize the provisions of Article 402 of the Criminal Code with Law Number 1 of 1974 concerning Marriage as amended by Law Number 16 of 2019, especially regarding the definition of "marriage" which is the basis for criminal responsibility and to create a SEMA regarding guidelines or judicial policies that provide direction for the interpretation of the elements of criminal acts of marriage, especially regarding the relationship between the provisions of criminal law and marriage law.