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All Journal Jurnal Darussalam : Pemikiran Hukum Tata Negara dan Perbandingan Mazhab Syakhshiyyah Jurnal Hukum Keluarga Islam
Apriani Asnaye
Universitas Islam Negeri Sunan Kalijaga Yogyakarta
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Criminalization of Unregistered Polygamy under the 2026 Criminal Code: A Maqāṣid al-Sharīʿah Analysis of the Protection of Women’s Rights Apriani Asnaye
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 6 No 1 (2026): Syakhsiyyah: Jurnal Hukum Keluarga
Publisher : UIN Jurai Siwo Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/tg0mdg86

Abstract

The criminalization of unregistered polygamy under Law Number 1 of 2023 concerning the Indonesian Criminal Code (KUHP), which will take effect in 2026, reflects a shift in Indonesian family law policy from an administrative approach to a criminal law approach. Polygamous marriages conducted without the consent of the wife and court authorization often result in harm to women, particularly regarding maintenance rights, legal certainty of marriage, and access to justice. This study aims to analyze the criminalization of unregistered polygamy in the KUHP and examine it from the perspective of maqāṣid al-syarī‘ah concerning the protection of women's rights. This research employs a normative legal method with statutory and conceptual approaches. The findings show that the criminalization of unregistered polygamy serves as an instrument for protecting women's rights by strengthening legal certainty and the husband's responsibility. From the perspective of maqāṣid al-syarī‘ah, this policy is consistent with the objectives of preserving lineage (hifẓ al-nasl), life (hifẓ al-nafs), and property (hifẓ al-māl), as well as the principle of preventing harm (dar’u al-mafāsid). However, its effectiveness requires legal education and adequate supervision to prevent the emergence of more concealed polygamous practices. This study concludes that the criminalization of unregistered polygamy is a legal measure that aligns with the objectives of public welfare in Islamic law and the protection of women's rights.
MENGGANTUNGNYA RUU PERAMPASAN ASET DALAM TINDAK PIDANA: HAMBATAN POLITIK, YURIDIS, DAN SOSIAL Apriani Asnaye
JURNAL DARUSSALAM: Pemikiran Hukum Tata Negara dan Perbandingan Mazhab Vol. 5 No. 2 (2025): Jurnal Darussalam: Pemikiran Hukum Ketatanegaraan dan Perbandingan Mazhab
Publisher : STIS Darussalam Bermi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59259/jd.v5i2.369

Abstract

Rancangan Undang-undang (RUU Perampasan Aset) has been proposed for more than a decade, yet it remains unenacted despite its high urgency in combating criminal activities, particularly corruption. This study aims to analyze the factors contributing to the prolonged delay in the enactment of the Asset Forfeiture Bill from political, juridical, and social perspectives by employing Roscoe Pound’s Social Interest Theory as its analytical framework. This research adopts a normative legal research method using statutory and conceptual approaches. The findings indicate that the main obstacles to the enactment of the Bill do not lie in the weakness of its normative substance, but rather in political resistance, regulatory fragmentation, and the lack of legal commitment to prioritizing public and social interests. From the perspective of Social Interest Theory, the suspension of the Asset Forfeiture Bill reflects the state’s failure to balance individual interests—particularly property rights with public interests in asset recovery and broader social interests such as justice, welfare, and public trust in the legal system. The continued delay undermines the function of law as a tool of social engineering and weakens the effectiveness of criminal law enforcement. Therefore, the enactment of the Asset Forfeiture Bill constitutes a normative necessity to restore social justice, strengthen asset recovery mechanisms, and enhance the overall effectiveness of crime control in Indonesia.
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