PEMIDANAAN PELAKU POLIGAMI TANPA IZIN MENURUT PASAL 402 KUHP DALAM PERSPEKTIF HUKUM ISLAM

Abstract

Unlicensed polygamy remains a legal issue in Indonesia as it has implications for legal certainty, the protection of wives’ and children’s rights, and the orderly implementation of marriage. This study aims to analyze the regulation and implementation of Article 402 of Law Number 1 of 2023 concerning the Indonesian Criminal Code (KUHP) in relation to unlicensed polygamy, the relationship between this provision and the mechanism for obtaining polygamy permission under Indonesian marriage law, as well as its compatibility with Islamic legal principles. This study employs a normative legal research method using a statutory approach and a conceptual approach. The data were obtained through library research involving primary and secondary legal materials, which were analyzed using qualitative juridical analysis. The results indicate that Article 402 of the KUHP does not aim to prohibit polygamy, but rather to establish legal limitations on polygamous practices conducted without fulfilling state-mandated procedures. This provision is consistent with the polygamy permission mechanism under the Marriage Law and Islamic legal principles, particularly the principles of justice, responsibility, and maqāṣid al-sharī‘ah in maintaining family welfare.