ANALISIS PUTUSAN NOMOR 143/PID.B/2019/PN SBS TERHADAP TINDAK PIDANA PELAKSANAAN PERKAWINAN TANPA IZIN ISTRI SAH MENURUT HUKUM PIDANA

Abstract

Obtaining consent from the first wife is a mandatory requirement for polygamy in Indonesia; this requirement must be fulfilled in accordance with statutory provisions. Conducting a subsequent marriage without the legal wife's consent is a punishable offense under Article 279 paragraph (1) of the Criminal Code, as seen in Case Decision Number 143/Pid.B/2019/PN Sbs. In this case, the defendant, Kurnia, entered into a marriage with Doni Friansyah without the knowledge or consent of Doni's first wife. The Public Prosecutor charged Kurnia using a single indictment under Article 279 paragraph (1) 1st of the Criminal Code. This study aims to determine whether the defendant's actions aligned with the elements of the charged article and whether the prosecution's legal qualification was appropriate. Using a normative legal research method with statutory and case approaches, the results indicate that the defendant's actions did not meet the elements of Article 279 paragraph (1) 1st, as she was not previously bound by marriage. The defendant's actions should have more appropriately been qualified under Article 279 paragraph (1) 2nd of the Criminal Code.

Kata kunci : Judge's Verdict, Marriage Without Wife’s Consent, Prosecutor’s Indictment