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All Journal Legal Spirit
Sutowijoyo Sutowijoyo
Universitas Widya Gama Malang
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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ANALISA TINDAK PIDANA PEMALSUAN IDENTITAS DALAM PERKAWINAN YANG DILAKUKAN OLEH PASANGAN SESAMA JENIS Sutowijoyo Sutowijoyo
Legal Spirit Vol 6, No 1 (2022): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v6i1.3741

Abstract

The crime of identity fraud in marriage has occurred in Jember Regency. The identity falsification was carried out because the perpetrator wanted to manipulate his gender in order to carry out same-sex marriage. This happens because the law in Indonesia does not provide legality for same-sex people to be able to get married. Thus, in this study, two formulations of problems that should be investigated are related to the causes of the motive for committing the crime of identity fraud in marriages committed by same-sex couples; as well as regarding law enforcement against the crime of identity fraud in marriage. From the two formulations of the problem, the results obtained are that the cause of the motive for the criminal act of forging identity in same-sex marriages is the feeling of wanting to live together with same-sex partners and the coercion of will because Indonesia does not provide space for same-sex marriage. Second, law enforcement in cases of identity falsification in same-sex marriages is carried out through the Court as law enforcers. The crime of identity fraud can be prosecuted under Article 263 paragraph (1) (2) of the Criminal Code in conjunction with Article 55 paragraph (1) of the 1st Criminal Code and Article 266 paragraph (1) of the Criminal Code in conjunction with Article 55 paragraph (1) of the 1st Criminal Code.
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