🧭 Region & Middle East · #15

Is polygyny a crime in Indonesia under the new KUHP?

The new KUHP does not prohibit polygyny as such, but Article 402 criminalises a marriage conducted while there is a lawful impediment. The national KUHP (UU No. 1 of 2023) comes into force on 2 January 2026. Article 402 paragraph (1): maximum imprisonment of 4 years 6 months or a category IV fine; paragraph (2), if the existing marriage is concealed from the other party: maximum imprisonment of 6 years or a category IV fine. The chair of Commission III of the DPR explained in January 2026 that the target is, for example, marrying another man's wife. How far a second marriage without the permission of the Religious Court counts as a "lawful impediment" is still debated, and there is no settled prosecution practice yet. What is certain: concealing an existing wife is the most serious form. See Indonesia.

Sources

UU No. 1 of 2023 (KUHP), Article 402 and 624

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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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