The Criminalization of Polyamory Perspective Islamic Penal Law and Indonesian New Penal Code

Bibliographic Data

ID22353178
AuthorsSyabbul Bachri (0000-0002-1687-2087, Universitas Islam Negeri Maulana Malik Ibrahim), Mohd Al Adib Samuri (0000-0003-3047-6037, National University of Malaysia), Najma Moosa (0000-0002-3174-1923, University of the Western Cape), Büşra Nur Duran (0000-0001-6995-0803, Ondokuz Mayıs University), Ramadhita Ramadhita (0000-0001-8866-0449, Universitas Islam Negeri Maulana Malik Ibrahim)
Year2023
Volume8
Issue2 November
Pages406
Publication date2023-11-09
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueAl-Istinbath: Jurnal Hukum Islam (JOURNAL)
Journal identifiersISSN: 2548-3374 • E-ISSN: 2548-3382
PublisherIAIN Curup (PUBLISHER)
DOI10.29240/jhi.v8i2.7221
OpenAlexW4390621209
LanguageEN
References cited38

Regardless of the social stigma faced, polyamory has become a widely discussed issue and has received much attention in various fields. This study aims to examine the legal aspects regarding the criminalization of polyamory from the perspective of Islamic criminal law and the new penal code in Indonesia. This study is a type of normative juridical research with a conceptual and statutory approach. The research results show that any sexual relation outside of legal marriage is considered adultery in Islam, requiring criminal sanctions for the perpetrators. Polyamory cases involving same-sex couples are also included in the criminal act. In the Indonesian legal context, although the term polyamory is not mentioned explicitly, the new Penal Code has the potential to criminalize polyamorous perpetrators with the latest regulations regarding adultery and cohabitation offenses. This new penal code can also criminalize homosexual behaviour including lesbian, gay, bisexual, transgender, and Queer plus(LGBTQ+) people. However, the perpetrator of polyamory can only be convicted if there is a complaint from the aggrieved party (i.e. the legal spouse, children, and parents of the perpetrator), because those articles fall into the category of absolute complaint offenses. Looking at the cultural values of Indonesian society, especially the teachings of Islam as a religion adhered to by the majority of citizens, the criminalization of polyamory should be included in the ordinary complaint offense so that it can be in line with the living norms in society

Adultery · Complaint · Criminal Code · Criminal law · Criminalization · Criminology · Islam · Political science · Sharia · Sociology · Theology · Law · Legal and Social Justice Studies · Legal Studies and Policies · Marriage and Family Dynamics · Philosophy

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