JAKARTA - The implementation of the new Criminal Code (KUHP) brings legal consequences to the practice of secret marriage and polygamy which is carried out without legal procedures. This practice now has the potential to lead to criminal charges, especially if it is done by hiding the marital status or violating the provisions of laws and regulations.
Law Number 1 of 2023 concerning the Criminal Code regulates a number of criminal provisions related to marriage, especially in Articles 401 to 405. These articles emphasize that marriage that does not meet certain legal requirements can be qualified as a criminal offense.
Article 402 of the Criminal Code regulates the prohibition of entering into marriage if there is a valid impediment. The impediment refers to the provisions in the Marriage Law, including being still bound by a previous marriage or the absence of court permission in the case of polygamy. Violation of this provision is punishable by imprisonment for a maximum of four years and six months or a category IV fine.
The threat of criminal punishment can be aggravated if a person intentionally conceals his or her marital status from a spouse. In this case, Article 401 of the Criminal Code provides for a prison sentence of up to six years.
This provision is considered relevant to the practice of polygamy which is carried out without court permission and without the consent of the wife. In this situation, the first marriage remains a valid obstacle, so that the subsequent marriage has the potential to be sentenced.
Meanwhile, a civil marriage is not necessarily threatened with imprisonment. However, Article 404 of the Criminal Code requires everyone to report marriage events to the authorized official. Violation of this administrative obligation can be subject to a fine category II criminal penalty.
However, a secret marriage can have a heavier criminal implication if it is done by hiding the previous marital status or if there are valid legal obstacles.
Article 403 of the Criminal Code provides for criminal sanctions against parties who do not report marriage obstacles, so that the marriage is then declared invalid by the court. The criminal threat in this provision reaches six years in prison or a category IV fine.
In addition, the new Criminal Code also contains provisions regarding the crime of embezzlement of people's origins. This provision has the potential to be applied in cases of disguising the legal status of a spouse or child born from an illegal marriage according to the law of the country.
With this arrangement, the new Criminal Code confirms that the practice of secret marriage and polygamy which violates the provisions of the Marriage Law no longer only has an impact on the civil aspect, but can also lead to criminal liability.
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