Juridical Analysis of the Validity of Second Marriages and Criminal Liability for Perpetrators of Second Marriages Without Permission in Indonesian Positive Law

Abstract

Under Indonesian positive law, a second marriage is essentially permitted on a limited basis, provided that the requirements stipulated by legislation are met. However, instances of second marriages entered into without court authorization or the first wife's consent—whether through unregistered (siri) marriages or by providing false information—remain frequent; this creates legal uncertainty and carries the potential for criminal liability. This study aims to analyze the legal framework governing the validity of second marriages in Indonesia and the criminal liability of those who enter into invalid second marriages. A normative legal research method was employed, utilizing statutory, conceptual, and case-based approaches. The findings indicate that the regulation of second marriages in Indonesia adheres to the principle of "open monogamy," allowing for a second marriage provided that the substantive and formal requirements set forth in the Marriage Law, Government Regulation Number 9 of 1975, and the Compilation of Islamic Law are satisfied. Meanwhile, criminal liability applies only when the elements of a criminal offense are proven to exist, in accordance with the principles of legality and nullum crimen sine culpa (no crime without fault). Therefore, harmonizing marriage law and criminal law is essential to ensure legal certainty, justice, and legal protection for all parties involved.