Legal Dynamics in the Protection of Women in the Crime of Remarriage Without Permission
DOI:
https://doi.org/10.58812/wslhr.v4i04.3208Keywords:
Criminal Offense, Unauthorized Marriage, Protection of Women, Legal Dynamics, Criminal LawAbstract
Marriage in the Indonesian legal system is fundamentally based on the principle of monogamy, which aims to establish a happy and lasting family. However, in practice, many cases of remarriage without permission still occur outside legal provisions, either through unregistered marriages or by concealing prior marital status. This phenomenon causes harm to women and children, socially, economically, and legally. This study aims to analyze the dynamics of legal regulation concerning the criminal act of remarriage without permission and to examine the forms of legal protection for women in various court decisions. This research employs a normative legal method with statutory, conceptual, and case approaches, using primary, secondary, and tertiary legal materials analyzed qualitatively. The results indicate that Indonesian law has undergone significant development by classifying remarriage without permission as a criminal offense, as regulated under Articles 402 and 403 of the National Criminal Code. These provisions provide not only preventive protection through strict requirements for polygamy but also repressive protection through criminal sanctions and mechanisms for marriage annulment. Furthermore, court decisions demonstrate a tendency to uphold the protection of women’s rights, particularly in cases where marriages are conducted in bad faith. Thus, the evolving legal dynamics have strengthened the position of women in obtaining justice and legal certainty within the institution of marriage.
References
[1] V. Swislyn, Distribution of Joint Property in the Perspective of National Law and Customary Law. Jakarta, Indonesia: PT Gramedia, 2020.
[2] Law of the Republic of Indonesia Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage, 2019.
[3] M. Isnaeni, Indonesian Marriage Law. Bandung, Indonesia: Refika Aditama, 2016.
[4] E. I. Rohmah, “The problem of polygamy in across history and religion,” Al-Qanun: Journal of Islamic Law Thought and Reform, vol. 25, no. 1, pp. 83–97, 2022.
[5] K. K. Bhattacharyya, “The sacred relationship between marriage, spirituality and healthy aging in Hinduism,” Journal of Religion, Spirituality & Aging, vol. 32, no. 2, pp. 135–148, 2020.
[6] A. Rofiq, Islamic Civil Law in Indonesia. Jakarta, Indonesia: PT RajaGrafindo Persada, 2015.
[7] C. H. Sekoh, E. R. Palendeng, and J. E. Londa, “Juridical study of husbands remarrying (polygamy) without the consent of the first wife reviewed from Law Number 1 of 1974 concerning Marriage,” Lex Privatum, vol. 9, no. 2, p. 130, 2021.
[8] Mardani, Islamic Family Law in Indonesia. Jakarta, Indonesia: Kencana, 2016.
[9] N. I. Sari, “Legal protection for the second wife who is polygamous without the permission of the first wife,” Journal of Law (Journal of Legal Sciences), vol. 7, no. 2, 2021.
[10] A. Manan, Islamic Civil Law in Indonesia. Jakarta, Indonesia: Kencana Prenada Media Group, 2010.
[11] M. Mansari, Z. Fatahillah, and S. Sahara, “Waiver of alternative polygamy requirements as a basis for granting applications (Study of Decision Number 272/Pdt.G/2023/MS. Bna),” Judicial Journal, vol. 16, no. 3, pp. 361–379, 2023, doi: 10.29123/jy/v16i3.659.
[12] Rudi and S. P. Suci, “Illegal polygamy according to Law No. 1 of 1974,” Istinbath Journal of Islamic Law Research, vol. 13, no. 1, pp. 91–121, 2018.
[13] D. Riyani, “Illegal polygamy in the era of the new penal code: Protection of wives’ rights and the enforcement direction of Articles 402–403 of Law Number 1 of 2023 on the Criminal Code,” Devotion: Journal of Research and Community Service, vol. 7, no. 3, 2026.
[14] E. O. S. Hiariej and T. Santoso, Annotations of the National Criminal Code. Depok, Indonesia: PT RajaGrafindo Persada, n.d.
[15] I. K. K. Yase, “A review of Hindu law on polygamous marriage in the perspective of dharma and justice,” Satya Dharma: Journal of Legal Sciences, vol. 8, no. 2, pp. 603–620, 2025.
[16] H. Gupta and Y. Singh, “Emerging trends of Hindu marriage and their impact,” AD Valorem: Journal of Law, vol. 6, no. 2, 2019.
[17] N. K. K. M. Dwisangga and I. G. A. Wisudawan, “Juridical review of polygamy permits according to marriage law and Hindu law,” Widya Kerta Journal of Hindu Religious Law, vol. 6, no. 1, pp. 42–59, 2023.
[18] I. G. A. Aditi, “Polygamous marriage and the psychological influence on wives and children in Hindu families in Mataram City,” Journal of Hindu Religious Law Widya Kerta, vol. 2, no. 1, pp. 1–13, 2019.
[19] H. Sasangka, The Law of Proof in Civil Cases for Students and Practitioners. Bandung, Indonesia: Mandar Maju, 2005.
[20] D. G. M. Putra Azwan, “Juridical analysis of the regulation of marriage without the consent of the first wife according to Article 279 of the Criminal Code based on the decision of the Supreme Court Number: 75 K/PID/2016 & 168 K/MIL/2016,” JOM Faculty of Law, University of Riau, vol. 8, no. 2, 2021.
[21] D. A. Prayoga, J. A. Husodo, A. Elok, and P. Maharani, “Legal protection of citizens’ rights with the enactment of Law Number 23 of 2019 concerning national resource management,” Souvereignty: Journal of Democracy and National Resilience, vol. 2, no. 2, pp. 188–200, 2023.
[22] Rochxy and B. Lesmana, “Criminalization of perpetrators of marriage under the hands of the first wife,” Judicial Journal, vol. 6, no. 3, pp. 250–266, 2013.
[23] M. Y. Siregar, “Criminal sanctions against polygamous marriage without the consent of the wife,” Scientific Journal of Advocacy, vol. 5, no. 1, pp. 52–73, 2017.
[24] A. Ichsan, Marriage Law for Muslims. Jakarta, Indonesia: Pradnya Paramita, 1986.
[25] V. F. H. Raehany, “Legal protection of wives over polygamous husbands without the consent of the wife and the court,” R2J: Ranah Research Journal, vol. 7, no. 2, 2025.
[26] E. Masri, “Polygamy in the perspective of Law Number 1 of 1974 concerning marriage and the Compilation of Islamic Law (KHI),” Krtha Bhayangkara Journal, vol. 13, no. 2, p. 234, 2019.
Downloads
Published
Issue
Section
License
Copyright (c) 2026 Ni Ketut Sri Ratmini
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
Facebook 
Instagram 
Twitter 
Youtube 
westscience.journals@gmail.com