Kajian Hukum Terhadap Perkawinan Poligami Ditinjau Dari Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan (Studi Putusan Nomor 239/Pdt.G/2015/PA.Wt)

Najmi, Ulfatun (2024) Kajian Hukum Terhadap Perkawinan Poligami Ditinjau Dari Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan (Studi Putusan Nomor 239/Pdt.G/2015/PA.Wt). Undergraduate thesis, Universitas Muhammadiyah Malang.

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Abstract

In Indonesia, to have the option to prosecute polygamy, a couple must first apply to the court. This is in accordance with Marriage Regulation Number 1 of 1974 and the Compilation of Islamic Law (KHI). This study aims to determine the judge's consideration of polygamy permits based on decision number 239/Pdt.G/2015/PA. Wates and analysis of the judge's consideration in deciding case number 239/Pdt.G/2015/PA.Wt about permitting polygamy because it wants to add offspring. The type of research used is doctrinal research. The legal materials used are primary, secondary and tertiary laws. The technique of collecting legal materials used is the study of documents and literature. The analysis used in this study was qualitative descriptive. Based on research, it can be concluded that based on legal norms, it should not be, both those contained in Marriage Regulation No. 1 of 1974 in article 4 paragraph (2) jo,. Complications of Islamic Law article 57. The conclusion of the study is that the Law is actually allowed to be polygamous but if it does not give children, but the wife has only one child. The judge's consideration in his application was that the judge granted his request to remarry even though it was not in accordance with his rules, but because his wife allowed it. So the Judge granted, but the Judge in his judgment because his wife in the Court gave an oral confession before the court said he did not mind if her husband remarried. The author's advice for individuals who want polygamy would be wise to consider the impact of the legal responsibility of polygamy as set forth in the related positive law.

Item Type: Thesis (Undergraduate)
Student ID: 201910110311084
Keywords: Polygamy, Judge's Consideration, Marriage Law
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law (74201)
Depositing User: 201910110311084 ulfatunnajmi12
Date Deposited: 30 Jan 2024 08:50
Last Modified: 30 Jan 2024 08:50
URI: https://eprints.umm.ac.id/id/eprint/3181

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