The law was formed to regulate mortal life, organize, allow, and enjoin doing commodity that's considered not by the principles of justice and the benefit of humanity, for the fulfillment of rights and the perpetration of scores, for a person. Sources of law that apply in our country are still different, in addition to formal legal sources in the form of written laws and regulations, customary law and customs are still stuck to by the community, including arrangements for family relations, connubial problems, and heritage.

The Indonesian people, including people who are rich in customs and culture, continue to grow and remain sustainable, fortified with the law, culture, and religion, also any violation or action that violates the law and artistic customs will be subject to warrants. Regarding lawless connections, including connections of the other coitus, connubial relations with siblings (Incest), and others, in any being rules, whether law, custom, or religion, nothing is allowed. The creation of a woman and a man is a nature given by God to love and love each other in a legal bond, videlicet marriage.

Marriage is a contract or agreement to bind a man and a woman to justify sexual relations between the two parties to produce a family life filled with love and peace in ways that are blessed by God Almighty.

Soemiyati:

1. In addition, marriage aims to produce seed. Marriage is a sacred thing for God's brutes who want to continue their seed and gain a happy m�nage, getting the dream and stopgap of every human being. Happiness that would make a harmonious m�nage. Of course, in a connubial relationship, certain rules and conditions must be met both in terms of private law and public law as well as Islamic law. Marriage becomes invalid if it violates several vittles in the law whether it's legal or not according to the state or according to religious vittles. In Indonesia, the law that regulates connubial problems is Lawno. 16 of 2019, in lieu of Law Number1 of 1974 concerning marriage. On the other hand, the law governing marriage is also explained in the KHI ( compendium of Islamic Law) composition 39 point( 1) letter( a) which states that it's banned to marry" with a woman who gives birth or gives birth to her or her seed".
    
2. In addition, civil law also regulates the prohibition of marriage which is explained in composition 30 of the KUH Perdata" Marriage is banned between those who have blood relations with each other in an upward or downcast line, either because of a legal birth or because of illegitimate birth, or because of sideways marriage, between sisters and sisters, legal or illegitimate"
    
3. Therefore, both religious law and state law of incest( Incest) don't give space at all. thus, the part of parents, preceptors, religious leaders, and all rudiments of society are responsible for the moral degeneration that occurs in society. From the background described over, the experimenter is interested in probing. As a form of trouble to prove to the public that these counterculturist acts can not be allowed to continue. thus, exploration is hoped that this information will give information about Legal arrangements for lawless relations between siblings( Incest). Factors that impact the circumstance of lawless stock connections( Incest). sweats are made to help cases of lawless relations between siblings( Incest).

Criminal Law Arrangements
In the Criminal Code, it views sexual relations outside of marriage, which are carried out by people who are in the status of hubby and woman, which are considered as infidelity, and what's considered adultery in felonious law is when a man and a woman commit anact of infidelity. is carried out by one of the parties. The Criminal trouble of infidelity only applies to women or men who are wedded or bound in marriage.

This means that the felonious law doesn't consider infidelity when the perpetrators are men and women who are both unattached. In this case, felonious law views that infidelity grounded on consensual concurrence doesn't harm any party so the perpetrator doesn't need to be penalized. In felonious law, there's no composition that regulates incest or incest which is declared a violation and can be reused by the police in the event of an infidelity case in which one party feels displeased.

In the event of an incest or incest marriage, from the point of view of marriage law, if there really is an sanctioned marriage, also latterly it's set up out that it's an incestuous marriage, also, it's a alternate marriage without the authorization of the woman or hubby as needed, also the marriage can be annulled.

From the point of view of felonious law, there are several possibilities that beget the marriage to take place, including There's the falsification of marriage documents( falsifying the identity of the prospective bridegroom and bachelor) and the Marriage Registrar Officer from the Office of Religious Affairs thinks it's true so they're wedded. Making a written statement that isn't true( a fake letter or a letter whose contents aren't proper or not true is a crime as regulated in Composition 263 of the KUHP( 5). still, also the alternate marriage doesn't meet the conditions of Composition 9 of the UU, If the wedded person is formerly bound by a former marriage( having a woman/ hubby).

No. 1 tahun 1974sebagaimana telah diganti dengan Undang- UndangNo. 16 Tahun 2019 tentang Perkawinan( 6), and can also be charged with Composition 279 of the KUHP( 5) because previous marriages were a hedge. still, it means that they've committed a crime of infidelity and can be subject to felonious penalties (Composition 284 of the KUHP), If there's a marriage or a hubby and woman relationship that's carried out outside of marriage and one of the parties has a woman or a hubby. accretive discipline which is subject to the concursus discipline system.

Felonious law doesn't regulate incest or incestbased on collective concurrence, unless this incest is carried out at the compulsion of one party, the felonious penalty can apply to a case of rape.

Islamic Law Regulation
n addition to felonious law, there are several perspectives of Islamic law and customary law in looking at this case of incest or incest. According to the Islamic point of view, incest is a physical and spiritual bond between a man and a woman who's in a interdicted relationship. Islamic law has rules and conditions for marriage, there are proscriptions that must be avoided so that marriage is legal and legal in Islam. " According to Islamic law, incest is rigorously banned or interdicted in the religion as stated in the QS.

An- Nisa 22, 23 Who shouldn't and may not marry (7). So we from KUA can not marry those two people who have incest or incest. We also can not applyor put warrants or penalties on these two people under Islamic law because the country doesn't followan Islamic legal system. If in Islamic law if there's incest or incest also both of them earn to admit corrections similar as the discipline of someone who commits infidelity but this applies only in countries that apply Islamic law as the legal base.

Cases of incest or incest under state law and Islamic law are invalid because they've violated the vittles of the QS. An- Nisa 22, 23 Islamic laws. In this case, it has been regulated in Undang- undang Nomor 1 tahun 1974 sebagaimana telah diganti dengan Undang- UndangNo. 16 Tahun 2019 tentang Perkawinan composition 8 videlicet "Blood- related in a straight lineage down or over.

Bloodis related in sideways lineage, videlicet between siblings, between someone and a parent's family, and between someone and his grandmother's family. Sexual intercourse, videlicet mama - in- law, step- son, son- in- law, and mama / stepfather. Related to breastfeeding, videlicet nursing parents, nursing children, nursing siblings, and nursing aunts uncles. Having a stock relationship with the woman or as an aunt or bastard of the woman, in the case that a hubby has further than one woman.

Having a relationship that by his religion or other applicable regulations, it's interdicted to marry. videlicet parents- in- law, stepdaughter, son- in- law, and mama / stepfather. Related to breastfeeding, videlicet nursing parents, nursing children, nursing siblings, and nursing aunts uncles. Having a stock relationship with the woman or as an aunt or bastard of the woman, in the case that a hubby has further than one woman.

Having a relationship that by his religion or other applicable regulations, it's interdicted to marry. videlicet parents- in- law, stepdaughter, son- in- law, and mama / stepfather. Related to breastfeeding, videlicet nursing parents, nursing children, nursing siblings, and nursing aunts uncles. Having a stock relationship with the womanor as an aunt or bastard of the woman, in the case that a hubby has further than one woman. Having a relationship that by his religion or other applicable regulations, it's interdicted to marry.( 6)

The Qur'an has explained the prohibition of marrying certain women. As explained in the following Surah An- Nisa" And don't marry women who have been married by your father, except in the history. Verily, it's a veritably abominable act and is abominated by Allah and the worst way( to be taken).

It's interdicted for you( to marry) your mater ; your daughters, your father's sisters; your mama 's sisters; the daughters of your sisters; the daughters of your sisters; your maters who nursed you; suckling family; your woman's mama ( in- law); your woman's children who are in your care from the woman you have obtrude with, but if you have not mixed with your woman ( and you have disassociated) also it isn't your sin to marry her;( and interdicted to you) the women of your natural children ( son- in- law); and bring together( in marriage) two women who are sisters, except what has happened in the history; Verily Allah is Forgiving, utmost Merciful.( Surah an- Nisa( 4) 22- 23)( 7) "

So, if a person marries his family the marriage isn't valid according to religion, if they've a hubby and woman relationship also the law is haram. However, also the thing that must be done is the dissolution of the marriage to the religious court, If the incest marriage occurs and is fairly registered at the office of religious affairs( KUA). still, also automatically the unrecorded marriage is null and void and invalid because it violates the Marriage Law and the compendium of Islamic Law( For those who are Muslim).

If the marriage is under the control or unrecorded marriage. The marriage law doesn't include felonious warrants. The consequences of effects that are banned in the marriage law are executive in nature, the permission for inbreeding is the dissolution of marriage. still, if in the process of incest or incest, it is proven that they've designedly falsified documents and substantiations, also the act can be brought to the realm of crime. "

In Islamic law, if there's a case of incest or incest, also the stoning law applies because this act is rigorously banned and can not be done in Islam. This means that the law of stropping is specialised and must be done. in Islamic law, if the perpetrator of this blood relationship has been married. The law of stropping is to plant his body up to his neck and throw monuments as big as hisfists.

However, the applicable discipline is 100 switches, If the person who commits incest has no way been married. This Is a view in Islamic law. still, the state of Indonesia does not cleave to Islamic law, so stropping isn't executed. " The emphasis in this case according to Islamic law from the results of the interview above, the Qur'an rigorously prohibits sexual relations between a man and a woman who are blood cousins.

In the Qur'an, it's clear who can and can not marry as in the QS. An- Nisaa 22,23. The reason it's interdicted to marry siblings is that they're still related by blood because they can give birth to children and grandchildren who are physically and spiritually weak. Kompilasi Hukum Islam composition 39 point( 1) letter a which state that" With a woman who gives birth or gives birth to her or her seed".( 2) incest or incest in a country that adheres to the Islamic legal system, the legal regulation is stropping.

Customary Law Arrangements
In addition to Islamic law and positive law, customary law also applies which has come an verbal agreement in society that becomes a reference in responding to cases of incest or incest. " According to customary law, incest or incest is rigorously banned because it violates the morals and values that apply in society.

The proper discipline in customary law is to kill the two perpetrators or to expel them from their birthplace and not be suitable to set bottom in the vill again. The customary language is exile. Because the community considers conduct similar as incest can bring bad luck to the vill community. In determining the warrants for the perpetrators of the vill government, community leaders, religious leaders, and youth leaders consulted and agreed that the two perpetrators and their families were expelled expatriated from the Luwu Regency area and may not return."( 8)

This indicates that customary law warrants apply to both parties who have interdicted connections, thus the discipline assessed on these two perpetrators is customary law. In the Bugis- Makassar tradition, the term" MALAWENG LUSE" is known, i.e., a man and a woman commit a interdicted act, for illustration, they've sexual relations, while it's interdicted by customary law for them to marry or live together as husband and woman, or they're drowsing , both those who aren't married, as well as those who are widowed widowed or are still in a wedded status.

This act is seen by the Bugis- Makassarese as a veritably shy act, equated with" beast conduct"(Bugis GAU OLO'- OLO', Makassar Olo'- Olo') which results in the emergence of" siri', loss of quality as mortal beings, causing difficulties for parents and cousins( especially women) and will bring peril and disaster to society. Grounded on the results of the Interview Tuesday, February 16, 2021, withMr. Suradi Dm, the Village Head, Lamunre Tengah Village said that:
"This case of incest according to the community brings disaster and disaster, thus the community is veritably concerned about and takes action against the perpetrators of this incest or incest. because it's contrary to the prevailing traditional values.

That is why the community agrees to expel them from the vill if they follow customary law without regard for mortal rights, perpetrators of blood relations can be drowned in the ocean."(8) Customs are rules, and habits that grow and are formed from a community or area that are considered to have value and are upheld and adhered by the supporting community. In Indonesia, the rules regarding this aspect of mortal life come binding legal rules called customary law.

Civil Law Arrangements
Still, the court can cancel the marriage relationship, If the incestuous perpetrator performs a legal marriage in court and latterly it's discovered that these two people are related by blood or blood( which can not be wedded). also the connubial status is said to be invalid. still, also the child is still declared as a licit child, because the termination of the marriage due to the cancellation doesn't apply to children born from the marriage, If from the void marriage there's a child born.

Ex- woman status, with the dissolution of the marriage, also her status becomes a widow. As for the rights of the ex-wife as a result of the termination of this marriage, the court may oblige the ex-husband to give living charges. The association status of the two perpetrators of incest or incest is declared invalid because in Indonesia what's stated as a family is a person united by marriage, blood, and relinquishment ties.

However, also they can not be declared as a family through marriage ties, the relationship they do is illegal or illegal according to positive law in Indonesia, If someone has a relationship outside of marriage and has a child. still, also the family status of the perpetrator can not be said to bea legal family according to positive law.

If the perpetrator of incest has noway married. Meanwhile, the status of the child performing from this blood relationship is illegitimate to be the child of his natural father. thus, in custodianship the natural father may not be the guardian for the child, the guardian is the legal guardian in this case represented by the office of religious affairs.

Likewise with regard to heritage rights as emphasised in Composition 171 letter of the KHI heirs at law are people who at the time of death have blood relations or connubial relations with the heirs at law, are Muslim, and aren't hindered by law from getting heirs at law. This is intended to give legal protection to children who have been born in a marriage. Child protection is defined as all conditioning to guarantee and cover children and their rights so that they can live, grow, develop, and share optimally in agreement with mortal quality and protection from violence and demarcation.

Conclusion
The law that regulates marriage is Undang- Undang Nomor 1 Tahun 1974 tentang perkawinan sebagaimana telah diganti dengan Undang- Undang No. 16 Tahun 2019. In addition, marriage is also explained in the KHI( Islamic Law Compilation) composition 39 point( 1) letter which state that a man isn't allowed to marry a woman who gives birth or gives birth to her or her seed.

In addition, civil law also regulates the prohibition of marriage which is explained in Article 30 of the KUH Perdata Marriage is banned between those who have blood relations with each other in an upward or downcast line, either because of a legal birth or because of illegitimate birth., or because of sideways marriage, between sisters and sisters, legal or illegitimate ".

Therefore, both religious law and state law ofincest( Incest) don't give space at all. According to Islamic law, incest is rigorously banned or interdicted inthe religion as stated in the QS. An- Nisa 22, 23 who shouldn't and may not marry. By customary law, it isstrictly interdicted to have incest or incest because it violates the morals and values that apply in society.

Written By: Krishna Kumar