KHAIRUN LAW JOURNAL
Volume 9 Issue 2, March 2026

IMPLIKASI YURIDIS UU NOMOR 1 TAHUN 2023 TERHADAP PRAKTIK POLIGAMI TANPA IZIN: ANTARA KEPASTIAN HUKUM DAN PERLINDUNGAN ISTRI SAH

Mulyadi Mulyadi (Sekolah Tinggi Agama Islam Al-Hikmah Tanjungbalai)
Zulpahmi Lubis (Universitas Islam Negeri Sumatera Utara)
Calvin Calvin (Universitas Sumatera Utara)



Article Info

Publish Date
01 Mar 2026

Abstract

Polygamy in Indonesian law is positioned as an exception to the principle of monogamy and is permitted only in a limited manner under strict requirements, including court authorization and the consent of the lawful wife. Nevertheless, unauthorized polygamous practices remain prevalent, giving rise to legal uncertainty regarding marital status and causing both material and immaterial harm to the lawful wife. This study aims to analyze the juridical implications of Law Number 1 of 2023 for unauthorized polygamy, particularly with respect to legal certainty and the protection of the lawful wife’s rights. The research employs a normative legal method with statutory, conceptual, and philosophical approaches, examining provisions of marriage law, the National Criminal Code, as well as doctrines of criminal law and Islamic law. The findings indicate that Articles 411 and 412 of the National Criminal Code provide legal certainty by affirming that the validity of marital and sexual relations is determined by recognition under state law. Unauthorized polygamy that fails to comply with family law procedures may be classified as the criminal offense of adultery or cohabitation, both of which are complaint-based offenses. This legal construction strengthens the protection of the lawful wife by positioning her as a legal subject with control over the initiation of law enforcement processes. The study concludes that the reform of the National Criminal Code is not intended to criminalize polygamy as an institution, but rather to prevent its misuse in ways that undermine the rights of the lawful wife.

Copyrights © 2026






Journal Info

Abbrev

klj

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Khairun Law Journal (KLJ) is an official journal of Faculty of Law, Khairun University. KLJ published semi-annualy in September and March. The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. ...