Criminal Law Study Behind The Polyandri Marriage In Indonesia

Abstrak / Ringkasan

In Indonesia, which has a population of around 270,000,000 (two hundred seventy million) inhabitants in 2020, with a Muslim majority of about 85%, is a society that includes the largest population in the world above India. As the largest Muslim community, they also carry out Sharia religion in all aspects of daily life in accordance with the instructions specified in the Qur'an and Hadith, from prayer activities to the implementation of marriage, so that it may be said that all activities of Muslim communities lead to the Qur'an and Al-Hadith. In terms of marriages, there are still some Muslim women who violate Islamic sharia, both secretly and legally, who are engaged in further marriages even though they are still in marriages with other men (polyandri marriages), when in fact both the Qur'an and the Hadith forbidding and prohibiting the act because it includes an act of adultery with a criminal threat both positive criminal as regulated in the Criminal Code (KUHP) or Law No. 1 of 1946 as well as Islamic Criminal Law. Since this polyandri marriage involves not only the perpetrators but also other parties so that the marriage is carried out, the criminal arrangements in the Criminal Code relating to polyandri marriages can be threatened with sentences ranging from 9 months to 7 years in prison. Whereas polyandri marriages according to the Qur'an and Hadith for the perpetrators can be threatened with death penalty, flagging 100 times or confinement for 1 year.

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