UNDIP’s Kuliah Bestari Discusses the Consequences of the New Criminal Code on Marriage Law

UNDIP, Semarang (11/3) – The Board of Professors of the Academic Senate of Universitas Diponegoro (UNDIP), in collaboration with the Board of Professors of State Universities with Legal Entity (MDGB PTNBH), held the 3rd Kuliah Bestari virtually via Zoom Meeting and livestreamed on the official UNDIPTV YouTube channel on Wednesday, March 11, 2026. On this occasion, UNDIP acted as the host, presenting a scientific discussion themed “The Reform of the Criminal Code (KUHP) and Its Consequences for the National Marriage Law System.”

The Chair of the UNDIP’s Board of Professors, Prof. Dr.rer.nat. Imam Buchori, S.T., stated in his remarks that Kuliah Bestari is a routine program of MDGB PTNBH, held monthly in rotation by member universities.

He explained that the Board of Professors is an organ of the Academic Senate responsible for scientific development, ethical enforcement, and strengthening academic culture within the university. In its governance, UNDIP is structured around three main pillars: the Rectorate, the Board of Trustees, and the Academic Senate.

Prof. Imam added that the Kuliah Bestari program is part of the Commission A of the Board of Professors’ efforts to develop knowledge and examine strategic national issues.

The topic of the new Criminal Code is highly relevant, as its implementation continues to raise questions among the public. “The implementation of the new Criminal Code still raises many questions in society, so this forum is expected to serve as a medium for discussion on this issue,” he said.

He further expressed hope that the forum would generate ideas and academic contributions from UNDIP for society, in line with the spirit of ‘Noble and Valuable UNDIP’.

On the same occasion, the Chair of MDGB PTNBH, Prof. Ir. Mindriany Syafila, M.S., Ph.D., explained that since January 2026, the updated Criminal Code has been effectively implemented through Law No. 1 of 2023. The new regulation introduces several changes, including stricter provisions related to marriage, such as adultery offenses, cohabitation without legal marriage, and criminal provisions related to polygamy and unregistered marriages.

She emphasized that these changes underscore the importance of marriage registration as a form of legal protection for family members and as a preventive measure against administrative violations that may result in criminal sanctions.

However, several provisions in the new Criminal Code remain controversial, making academic discussion essential to examine their broader implications for the national marriage law system.

“Through this Kuliah Bestari forum, we learn together from various perspectives regarding the reform of the Criminal Code. Hopefully, this discussion will enrich our understanding and benefit society and the nation,” Prof. Mindriany stated.

The webinar, moderated by Prof. Dr. Ani Purwanti, S.H., M.Hum., featured three speakers:

  1. Prof. Dr. Pujiyono, S.H., M.Hum. (Professor, Faculty of Law UNDIP)
  2. Prof. Harkristuti Harkrisnowo, S.H., M.H., Ph.D. (Professor Emerita, Faculty of Law, University of Indonesia)
  3. Prof. Ro’fah Setyowati, S.H., M.H., Ph.D. (Professor, Faculty of Law and Member of Commission A, UNDIP Board of Professors)

In his presentation titled “Reform of National Criminal Law and National Moral Values,” Prof. Pujiyono explained that Indonesia’s Criminal Code reform is based on a combination of rational and value-based approaches. The rational approach emphasizes legal logic and normative systems, while the value-based approach incorporates morality, culture, and societal values in shaping national criminal law.

The new Criminal Code introduces several important reforms, including changes to sentencing objectives and guidelines, judicial pardons, prioritization of lighter principal penalties, alternatives to imprisonment, recognition of living law, a conditional death penalty, and new criminal provisions reflecting moral values, such as cohabitation offenses.

The second speaker, Prof. Harkristuti Harkrisnowo, presented on “Reform of Criminal Sanctions Related to Morality and Marriage and Their Legal Consequences.” She explained that reforms in morality and marriage provisions reflect a shift from colonial legal frameworks toward a system more responsive to societal values. This includes expanded morality offenses, stronger protection of marriage institutions, and the use of complaint-based offenses to prevent excessive criminalization.

However, she noted that these changes also present challenges, particularly regarding privacy rights, potential moral criminalization, and alignment with the principle of ultimum remedium in modern criminal law. Therefore, successful implementation depends on proportional judicial interpretation and careful prosecution policies to avoid over-criminalization.

The third speaker, Prof. Ro’fah Setyowati, presented on “The Convergence of the New Criminal Code and Marriage Law from an Islamic Law Perspective.” She explained that both systems share a common goal of achieving public welfare through justice, legal protection, and respect for the institution of marriage. From an Islamic legal perspective, criminal sanctions related to marriage should be approached with spiritual wisdom, emphasizing educational, preventive, and humane aspects.

This approach positions criminal law as a last resort, after optimizing guidance and administrative mechanisms. It also encourages proportional administrative sanctions. In the context of polygamy, she stressed that evaluation should not focus solely on administrative requirements but also consider moral, economic, and social readiness to ensure fairness for all parties.

The 3rd Kuliah Bestari was attended by professors from various universities, lecturers, students, and legal practitioners from institutions such as the prosecutor’s office, judiciary, law firms, police, and other professional sectors. The high level of participation reflects strong interest from academics and practitioners in the dynamics of criminal law reform in Indonesia, particularly regarding family life and the institution of marriage. (Public Communication/UNDIP/Dhany)

Share this :