2 verifications about Article 402 Article 402 ×
“Article 402 of Indonesia's Law No. 1 of 2023 on the Criminal Code (Kitab Undang-Undang Hukum Pidana) wrongly criminalizes matters related to marriage law.”
Article 402 does criminalize certain conduct tied to marriage law—specifically, marrying while knowingly facing a legal impediment (such as an existing valid marriage). But describing this as “wrongly” criminalizing marriage-law matters is not supported by the strongest sources, which characterize it as a narrow, longstanding-type offense (continuous with older KUHP provisions) with a protective rationale. The “wrongly” framing reflects a contested policy view, not an established fact about the article’s legal character.
“Criminalizing unregistered polygamy under Article 402 of Indonesia's Law No. 1 of 2023 contradicts the legal principles of mens rea and optimum remedium.”
The evidence does not support this claim in the categorical form stated. Article 402 is generally described in authoritative sources as requiring knowledge of a lawful marital impediment, which aligns with a mens rea element rather than negating it. There is real academic criticism that the provision may over-criminalize conduct better handled through civil or administrative law, but that shows a policy dispute over ultimum remedium, not a clear doctrinal contradiction.