<![CDATA[The criminalization of marital rape under Article 473 of the National Criminal Code still leaves legal ambiguity due to the absence of parameters regarding consent. This triggers a structural conflict between the right to bodily autonomy under the criminal law regime and the interpretation of the “duty to serve” in family law, thereby preventing the substantive achievement of the due diligence standard for the protection of women. This article aims to analyze the alignment of Indonesia’s legal framework on marital rape with CEDAW’s principle of non-discrimination and to reconceptualize the concept of affirmative consent in order to harmonize the national criminal legal system. This study is normative legal research employing legislative, conceptual, and comparative approaches. The findings indicate that the concept of consent must be interpreted dynamically and harmonized with the values of living law, such as the principle of equal partnership (garwo) and the principle of mutual consent (mu’asyarah bil ma’ruf). This study recommends the need for an amendment in the form of adding an explanatory clause regarding indicators of “lack of consent” to Article 473 of the National Criminal Code, as well as integrating it complementarily with the procedural legal instruments in the TPKS Law to ensure victim-centered procedural protections in the judicial process.]]>
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