SANKSI PIDANA PELAKU POLIGAMI SIRI DI INDONESIA PERSPEKTIF MAQASHID SYARI’AH JASSER AUDA

Abstract

Indonesia strictly regulates polygamy procedures, which triggers many people to use secret marriage methods in second marriages. Of the cases that have been brought to court, the sanctions imposed have always been based on Article 279 of the Criminal Code regarding illegal polygamy. In fact, if studied further, this decision has a major impact on the recognition of the existence of secret marital status which should not be considered by the state. By using a conceptual approach through Jasser Auda's perspective, this study shows that the status of secret polygamy committed by the perpetrators cannot be said to be legal, and the appropriate sanctions to punish the perpetrators should be based on Article 284 of the Criminal Code regarding infidelity.