ANALISIS HUKUM PERKAWINAN TIDAK SAH DAN POLIGINI TERHADAP PASAL 279 AYAT (1) DAN (2) KITAB UNDANG-UNDANG HUKUM PIDANA DAN UNDANG-UNDANG NO 1 TAHUN 1974 TENTANG PERKAWINAN DI WILAYAH HUKUM KABUPATEN CIAMIS

Abstract

ABSTRACT Illegal marriages such as unregistered marriages and polygamy without the permission of the first wife, as well as the invalidity of marriages due to obstruction by existing marriages, can be a painful problem for women, and in certain contexts can be a form of psychological violence. In Indonesia, husbands who practice polygamy without permission and without a trial can be threatened with criminal penalties based on Article 279 of the Criminal Code paragraphs (1) and (2) of the Criminal Code and Law No. 1 of 1974 concerning Marriage in handling cases of illegal marriages and polygamy in Ciamis Regency. 2) To find out and describe the obstacles faced by law enforcement officers in responding to cases of illegal marriages and polygamy in Ciamis Regency. The method used in this study is normative juridical with a qualitative research design. This study is descriptive analytical. The research findings indicate that 1) Illegal marriages and polygamy without permission are criminal acts prohibited by Article 279 of the Criminal Code and Law No. 1 of 1974 concerning Marriage. The practice of unregistered marriages, which are not officially registered, is not recognized by law and results in couples not having the same legal rights as legitimate marriages. Meanwhile, polygamy carried out without permission from the first wife or the court violates not only legal norms but also social norms, causing profound emotional and legal impacts for the first wife and her children. 2) In Ciamis Regency, the problem of illegal marriages and polygamy is a complex and challenging issue for law enforcement officials. The main obstacle lies in the difficulty in proving cases, especially in unregistered marriages that do not have official marriage registration documents. This problem is exacerbated by complex administrative and procedural challenges, which cause many cases to go unreported or legally handled. Legal difficulties arise from the dualism of perspectives between religious law and state law, creating confusion in law enforcement. In addition, local socio-cultural norms and practices often conflict with state law, resulting in tension and uncertainty in society. On the other hand, low legal awareness among the public regarding the consequences of illegitimate marriages and polygyny causes many cases to go unreported, thus hampering law enforcement efforts.

Keywords: Illegal Marriage, Polygyny