CD Skripsi

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

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ABSTRACT
Unregistered marriage is essentially part of the religion of Islam, and
allowed in the Islamic religion. The culture of siri marriage is adopted from
Arabic culture, not only in the east, the culture of siri marriage is extended to
Indonesia. The thing is because the majority of Indonesian people are Muslim.
The practice of unregistered marriage has been around for a long time and is still
running, sometimes marriage which is a symbol of purity and the form of a
commitment in household marriage can be an impact of the practice of
unregistered marriage. Because marriage is littered with infidelity by a spouse by
marrying someone else or we are familiar with the term polygamy. 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 wife or first husband who is still legally and still alive.
However, the application of this Article is still considered lacking in law
enforcement, because the application of juriprudence in Indonesia is not an
obligation for judges, so judges are free to interpret the Articles according to
their beliefs.
This type of research can be classified in the type of Normative legal
research, which reveals legislation relating to legal theories that are the object of
research. The approach taken uses a qualitative analysis approach by looking for
data both in books, journals and other scientific works related to this research.
The data sources used are primary and secondary legal materials.
The conclusions that can be obtained from the results of the study are the
First, Inhibiting Factors in Law Enforcement Against Criminal Acts of Marriage
Without First Wife Permission According to Article 279 of the Criminal Code this
still has a confusion regarding its regulation and the evidence used in the trial
process so that the enforcement is considered insufficient. Second, the Ideal
Arrangement Regarding Criminal Acts of Marriage Without the Permission of the
First Wife According to Article 279 of the Criminal Code is already regulated in
the Criminal Code. However, it is unfortunate that this crime has not been
regulated or made in a specific and specific legal regulation regarding this crime.
So that the legal vacuum regarding the regulation of criminal acts will no longer
be an empty space.
Keywords: Siri Marriage, Criminal Acts, Marriage, Article 279 of the Criminal
Code.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 04. 122 (0002)

Penerbit

Pekanbaru : Universitas Riau – Fakultas HUKUM – HUKUM PIDANA., 2022

Deskripsi Fisik

ix, 79 hlm.; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 04. 122 (0002)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

Daus

Versi lain/terkait

Lampiran Berkas

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