Criminal Policy on Hidden Defects in Marriage In Indonesia

Objective - Articles 28A-28J of The Second Amendment of the 1945 Constitution provide specific and detailed arrangements for the protection of human rights. These include the protection of the right to live and the right to have a family. Methodology/Technique - The purpose of marriage is for couples to obtain material and spiritual happiness. Many previous studies have indicated that divorce is caused by various factors related to non-fulfilment of rights and obligations between husband and wife. One of those factors is the existence of hidden defects occurring after marriage. Findings - This study uses normative legal research based on legal facts regarding hidden defects in marriage. The research results are used to develop arguments based on legal and normative facts that may be used to inform the development of new legal policy for the solution of disputes between husband and wife caused by hidden defects in marriage. Novelty - The research problems can be formulated as follows: (1) what is the understanding and purpose of marriage between husband and wife? and (2) how is criminal law policy in the case of hidden defects in accordance with happy and eternal marriage based on the Only God? Type of Paper - Review.